2016 Annual Conference
- Schedule/Sessions
- Speaker Bios
- Hotel Accommodations
- Attendees
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SESSION 1 - ALTERNATIVE DISPUTE RESOLUTION - Ethical Considerations of Mediation Download SESSION 1 - CLAIMS MANAGEMENT - Is There a Hole in My International Shoe? Download SESSION 1 - CLAIMS MANAGEMENT - New Medicare Contractor Changes Compliance Landscape Download SESSION 1 - CLAIMS MANAGEMENT - Settlement Funds and Investment Risk Download SESSION 1 - CONSTRUCTION - How to Best Wrap Up Construction Claims in the 21st Century Download SESSION 1 - DIVERSITY & INCLUSION - M2: Motivating Millennials and B3: Bridling the Baby Boomers Download SESSION 1 - DIVERSITY & INCLUSION - M2: MOTIVATING MILLENNIALS and B3: BRIDLING THE BABY BOOMERS Download SESSION 1 - ENVIRONMENTAL & TOXIC TORT - Identifying, Avoiding, Mitigating, and Insuring Environmental Risk in Construction Download SESSION 1 - ENVIRONMENTAL & TOXIC TORT - Know Your Poop: Category 3 Black Water Claims Download SESSION 1 - ETHICS - Mix It Up: Counsel's Ethical Obligations and Fair Claims Handling Download SESSION 1 - EXTRA-CONTRACTUAL - What is the Meaning of Bad Faith? Download SESSION 1 - INSURANCE COVERAGE - Managing Difficult Excess Insurance Claims Download SESSION 1 - INSURANCE FRAUD - Fraud: An Unruly Predator of Epidemic Proportions Download SESSION 1 - LITIGATION MANAGEMENT - Litigation Management: Process Mapping and Project Management Strategies Download SESSION 1 - LITIGATION MANAGEMENT - Using Obamacare to Reduce Damages in Your Personal Injury Case Download SESSION 1 - LITIGATION MANAGEMENT - Using Obamacare to Reduce Damages in Your Personal Injury Case - Reading Material Download SESSION 1 - PRODUCT LIABILITY - Machinery & Equipment Failures & Analysis Download SESSION 1 - PROFESSIONAL LIABILITY - The New Frontier: Liability and Coverage Issues Facing 21st Century Design Professionals Download SESSION 1 - PROFESSIONAL LIABILITY - Early Resolution Strategies for Employment Practices Litigation Download SESSION 1 - RISK MANAGEMENT - Stratified General Liability Claims: Fast Tracking and other Techniques Download SESSION 1 - SUBROGATION - Maximizing Production Through Questionable Claim Handling Download SESSION 1 - TECHNOLOGY - The Internet of Things: Where the Cyber Meets the Physical Download SESSION 1 - TECHNOLOGY - Event Data to Autonomous Vehicle Technology - Where We Are.. Where We're Going Download SESSION 2 - ALTERNATIVE DISPUTE RESOLUTION - Mediation: Behind Closed Doors Download SESSION 2 - CLAIMS MANAGEMENT - Are You Ready for Some Football (Litigation)!? Download SESSION 2 - CLAIMS MANAGEMENT - Are You Ready for Some Football (Litigation)!? - Reference Material Download SESSION 2 - CLAIMS MANAGEMENT - Navigating the Waters of Large SIRs and Deductibles Download SESSION 2 - CLAIMS MANAGEMENT - Preventing an Event from Becoming a Crisis Download SESSION 2 - CONSTRUCTION - Mediating, Arbitrating and Litigating Construction Claims Download SESSION 2 - CONSTRUCTION - Mediating, Arbitrating and Litigating Construction Claims - Case Study Download SESSION 2 - CONSTRUCTION - Mediating, Arbitrating and Litigating Construction Claims - Reading Material #1 Download SESSION 2 - CYBER LIABILITY - The Experts Speak: Cyber and Data Privacy Risk Download SESSION 2 - CYBER LIABILITY - The Fallout of the Ashley Madison Attack Download SESSION 2 - DIVERSITY & INCLUSION - Getting Women into the First Chair Download SESSION 2 - ENVIRONMENTAL & TOXIC TORT - A New Smoking Gun in Civil Litigation Download SESSION 2 - ENVIRONMENTAL & TOXIC TORT - What is That Stuff in My Well? Download SESSION 2 - EXTRA-CONTRACTUAL - The New Trend in Bad Faith Litigation Download SESSION 2 - INSURANCE COVERAGE - New Developments in Intellectual Property, Media and Cyber Coverage Issues Download SESSION 2 - INSURANCE FRAUD - The Future of Fighting Fraud Download SESSION 2 - LITIGATION MANAGEMENT - Excess Carrier: Friend or Foe? Download SESSION 2 - LITIGATION MANAGEMENT - Jury Selection: Your Last Line of Defense Download SESSION 2 - LITIGATION MANAGEMENT - Standing on Shaky Ground Download SESSION 2 - MUNICIPAL LAW - Clearing the Smoke on Medical Marijuana in Employment Download SESSION 2 - PREMISES LIABILITY - Out-of-Control Gun Violence Download SESSION 2 - PRODUCT LIABILITY - Fairy Tales or Non-Fiction: Expert Witness Testimony Download SESSION 2 - PROFESSIONAL LIABILITY - Expanding Frontier of Telemedicine: Clear Skies or Stormy Weather? Download SESSION 2 - PROFESSIONAL LIABILITY Employment Practices Liability Insurance - Twenty Years at a Glance Download SESSION 2 - SUBROGATION - Boom! Catastrophic Explosions: Practical Strategies for Maximizing Recoveries Download SESSION 2 - SUBROGATION - Boom! Catastrophic Explosions: Practical Strategies for Maximizing Recoveries - Reading Material Download SESSION 3 - ALTERNATIVE DISPUTE RESOLUTION - Increasing the Success and Effectiveness of Mediations Download SESSION 3 - CLAIMS MANAGEMENT - Building Your Own A-Team! Download SESSION 3 - CLAIMS MANAGEMENT - Handling Traumatic Brain Injury Cases Download SESSION 3 - CLAIMS MANAGEMENT - Rapid Response Team: Controlling Exposure Risks Download SESSION 3 - CONSTRUCTION - It's Not All About Faulty Workmanship Download SESSION 3 - CONSTRUCTION - The Impact of the Affordable Care Act on Personal Injury Litigation Download SESSION 3 - CONSTRUCTION - The Impact of the Affordable Care Act on Personal Injury Litigation - Reading Material Download SESSION 3 - CYBER LIABILITY - Tales from the Cyber Front Line Download SESSION 3 - ENVIRONMENTAL & TOXIC TORT - Let's Talc! Download SESSION 3 - EXTRA-CONTRACTUAL - Isn't Anything Sacred Anymore? Download SESSION 3 - INSURANCE COVERAGE - Complex's Builder's Risk Claims Download SESSION 3 - INSURANCE COVERAGE - Complex's Builder's Risk Claims - Hypothetical Download SESSION 3 - INSURANCE FRAUD - What it Takes to Catch a Fraud Download SESSION 3 - LITIGATION MANAGEMENT - Big Data: Big Breakthrough or Big Brother? Download SESSION 3 - LITIGATION MANAGEMENT - Crisis Management Download SESSION 3 - LITIGATION MANAGEMENT - Crisis Management - Reading Material Download SESSION 3 - LITIGATION MANAGEMENT - Panel Counsel Performance Measurement: Understanding and Communicating How Success is Measured Download SESSION 3 - PREMISES LIABILITY - Is the Reptile Real? Download SESSION 3 - PRODUCT LIABILITY - Wild Thing: Organic, Non-GMO, and Nutraceutical Products Download SESSION 3 - PROFESSIONAL LIABILITY - Here Comes the CFPB - Will Professional Liability Be Changed Forever? Download SESSION 3 - PROFESSIONAL LIABILITY - The Strategic, Moral and Ethical Dilemmas of Defending Clear Misconduct Download SESSION 3 - PROFESSIONAL LIABILITY/DIVERSITY & INCLUSION - Are You Ready for Ms. Cox? Transgender Individuals and the EPL Issues Facing Employers Download SESSION 3 - TRANSPORTATION - Avoiding High Stakes Penalties and Loss of Government Contracts Download SESSION 3 - WORKERS' COMPENSATION - Barbarians at the Gate Download SESSION 4 - CLAIMS MANAGEMENT - Defining Success Between Law Firms and Insurance Carriers Download SESSION 4 - CLAIMS MANAGEMENT - Law Firm Dissolutions, Receivers, Bankruptcy and Claims Download SESSION 4 - CLAIMS MANAGEMENT - Same-Sex Marriage, Open Carry and Weed Download SESSION 4 - CONSTRUCTION - Peeling the Layers of the Consent Judgment Onion Download SESSION 4 - CYBER LIABILITY - Cyber-Attack Preparedness Toolbox Download SESSION 4 - CYBER LIABILITY - Cyber-Attack Preparedness Toolbox - Reading Material Download SESSION 4 - E-DISCOVERY & ESI - Reduce Cost and Risk During Discovery Download SESSION 4 - E-DISCOVERY & ESI - Reduce Cost and Risk During Discovery Download SESSION 4 - E-DISCOVERY & ESI - Reduce Cost and Risk During Discovery Download SESSION 4 - E-DISCOVERY & ESI - Reduce Cost and Risk During Discovery Download SESSION 4 - ETHICS - Dancing on the Head of a Pin Download SESSION 4 - EXTRA-CONTRACTUAL - Bad Faith Discovery and Related Litigation Strategy Download SESSION 4 - INSURANCE COVERAGE - Insurance Complications in the Modern World Download SESSION 4 - INSURANCE COVERAGE - Reservations about Reservations Download SESSION 4 - INSURANCE COVERAGE - Your Mergers and Acquisitions Have Consequences Download SESSION 4 - INSURANCE FRAUD - Stemming the Rising Epidemic of Insurance Fraud Download SESSION 4 - LITIGATION MANAGEMENT - Claims Inroads in Managing Litigation Spend Download SESSION 4 - LITIGATION MANAGEMENT -Stop Writing Exhibits for Data-Breach Plaintiffs Download SESSION 4 - MUNICPAL LAW - Read All About It: Crisis Management Download SESSION 4 - PRODUCT LIABILITY - Product Liability: Issues in Today's Global Economy Download SESSION 4 - PROFESSIONAL LIABILITY - Quicksand! Eroding Limits Professional Liability Policies Download SESSION 4 - REINSURANCE - What is it That You Do? Download SESSION 4 - RELIGIOUS NON-PROFIT - Answering to a Higher Power Download SESSION 4 - TRANSPORTATION - There's Something about Owner-Operators Download SESSION 4 - WORKERS' COMPENSATION - The First 48 Hours: CSI Download SESSION 5 - ALTERNATIVE FEE ARRANGEMENTS - At What Cost? Current Issues Shaping Alternative Fee Arrangements Download SESSION 5 - CLAIMS MANAGEMENT - Trip, Fall and Fly Me To The Moon Download SESSION 5 - CYBER LIABILITY - Waiting for the Other Shoe to Fall Download SESSION 5 - EXTRA-CONTRACTUAL - It's Our Turn! Download SESSION 5 - INSURANCE COVERAGE - FAQs about AOBs and H2O Download SESSION 5 - INSURANCE FRAUD - Faces of Fraud and Theft: Effects on Transportation and Insurance Download SESSION 5 - LEADERSHIP - Cops, Cowgirls, Surfers, and Astronauts: The Powerful Legacy of Female Leadership Download SESSION 5 - LITIGATION MANAGEMENT - How Do You Define a Win? Download SESSION 5 - LITIGATION MANAGEMENT - Staff, Panel or Alternative Fee Arrangements Download SESSION 5 - LITIGATION MANAGEMENT - The Business Perspective: Advancing Litigation Management Download SESSION 5 - PREMISIES LIABILITY - Negligent Security Download SESSION 5 - PREMISIES LIABILITY - Negligent Security - Reading Material Download SESSION 5 - PRODUCT LIABILITY - New Critical Coverage Issues in Product Liability Claims Download SESSION 5 - TECHNOLOGY - Autonomous Vehicles and Their Impact on the Insurance Industry Download SESSION 5 - WORKERS' COMPENSATION - Workers' Compensation Alternatives: Opting Out, Non-Subscriber and Other Options Download - Keynote Speaker
- Sponsors
Schedule/Sessions
2016 Annual Conference
CLM Golf Breakfast 6:30 AM -7:30 AM
Pro Shop.
5K Run 6:45 AM -8:30 AM
Bonnet Creek Lawn 1.
Start your morning off right with a 5K run!
CLM Golf - Shotgun Scramble 7:30 AM -12:00 PM
Meet in Pro Shop.
Amidst the Bonnet Creek nature preserve is Golf Magazine’s prestigious, “Top Courses You Can Play,” – The Waldorf Astoria Golf Club. Visually stunning and immensely playable, our Par 72 golf course is enhanced by natural elements like majestic cypress trees lining the fairways and features a five-tee system to accommodate golfers of every caliber.
Community Service Breakfast 7:30 AM -8:30 AM
Claim Vets Room.
Tennis Breakfast 7:30 AM -8:00 AM
Claim Vets Room.
Tennis Event at The Grand Cypress Tennis and Racquet Club 8:00 AM -12:00 PM
Buses depart Convention Center.
Sharpen your swing on the very same courts where Grand Slam Champions - including Jimmy Connors, Andre Agassi, Boris Becker and Martina Navratilova - have played. Ranked as a Top 50 Best Tennis Resort Worldwide, The Grand Cypress Tennis and Racquet Club is your chance to enjoy world-class tennis facilities, in a luxurious resort setting.
Second Harvest Food Bank 8:00 AM -12:00 PM
Buses depart Convention Center.
Second Harvest Food Bank of Central Florida is a private, nonprofit organization that collects, stores and distributes donated food to more than 550 feeding partners in six Central Florida counties.
Community Service 8:30 AM -12:30 PM
Buses depart Convention Center.
GreenUp Orlando 8:30 AM -12:30 PM
Buses depart Convention Center.
GreenUp Orlando program was created in 1985 to increase the City’s available tree canopy and to improve the appearance of our community.
Community Food and Outreach Center 8:30 AM -12:30 PM
Buses depart Convention Center.
Center to help struggling families lift themselves out of poverty. Includes a cost-share grocery store, employment center, and clothing closet.
Mustard Seed 8:30 AM -12:30 PM
Buses depart Convention Center.
Furniture and clothing bank for economically distressed families – the only center of its kind in Central Florida.
A Gift For Teaching 8:30 AM -12:30 PM
Buses depart Convention Center.
Works to improves public education by providing resources and surplus materials free to teachers for their students in need.
Clean the World 8:30 AM -12:30 PM
Buses depart Convention Center.
Receives soap and hygiene products from area hotels and recycles it to give to developing countries where clean hands save lives.
5K Breakfast 8:30 AM -9:00 AM
Claim Vets Room.
Spa Day (Guest Option also available) 9:00 AM -4:00 PM
Spa.
Start the Annual Conference off right with a pre-Conference spa treatment. Specific spa services and times will be arranged later and paid directly to the Spa after treatment.
Guest option for Spa Day is also available from the Guest Only Event options towards the end of the registration process.
Guest Spa Day 9:00 AM -4:00 PM
Spa.
Start the Annual Conference off right with a pre-Conference spa treatment. Specific spa services and times will be arranged later and paid directly to the Spa after treatment.
Women's Networking 1:30 PM -2:30 PM
Central Park Ballroom.
Join other women in the industry for an hour of fun networking.
Leadership Regional Chair 2:30 PM -3:30 PM
Stuart, Maue, Mitchell & James, Ltd. Room.
Diversity and Inclusion Open House - "Implicit Bias: Is Your Decision Making Ethical?" 3:45 PM -4:45 PM
Grand Ballroom 1.
Local Chapter Meet & Greet 3:45 PM -4:45 PM
Hilton Orlando Bonnet Creek.
Come meet your local chapter – you do not need to be a current member to attend.
CLM Bermuda Chapter 3:45 PM -4:45 PM
Paradigm Outcomes Room.
CLM CT-Connecticut Chapter 3:45 PM -4:45 PM
Paradigm Outcomes Room.
CLM NY-Long Island Chapter 3:45 PM -4:45 PM
Paradigm Outcomes Room.
CLM MA-Massachusetts Chapter 3:45 PM -4:45 PM
Paradigm Outcomes Room.
CLM NY-New York City Chapter 3:45 PM -4:45 PM
Paradigm Outcomes Room.
CLM NY-Upstate New York Chapter 3:45 PM -4:45 PM
Paradigm Outcomes Room.
CLM OH-Central Ohio Chapter 3:45 PM -4:45 PM
National Commercial Services Room.
CLM IN-Indiana Chapter 3:45 PM -4:45 PM
National Commercial Services Room.
CLM KY-Kentucky Chapter 3:45 PM -4:45 PM
National Commercial Services Room.
CLM MI-Michigan Chapter 3:45 PM -4:45 PM
National Commercial Services Room.
CLM OH-Northeast Ohio Chapter 3:45 PM -4:45 PM
National Commercial Services Room.
CLM OH-Southwest Ohio Chapter 3:45 PM -4:45 PM
National Commercial Services Room.
CLM PA-Western Pennsylvania Chapter 3:45 PM -4:45 PM
National Commercial Services Room.
CLM PA-Eastern Pennsylvania Chapter 3:45 PM -4:45 PM
Skopenow Room.
CLM MD-Maryland Chapter 3:45 PM -4:45 PM
Skopenow Room.
CLM NJ-Northern New Jersey Chapter 3:45 PM -4:45 PM
Skopenow Room.
CLM VA-Potomac Region Chapter 3:45 PM -4:45 PM
Skopenow Room.
CLM NJ-Southern New Jersey Chapter 3:45 PM -4:45 PM
Skopenow Room.
CLM AL-Alabama Chapter 3:45 PM -4:45 PM
Your House Counsel Room.
CLM NC-Eastern North Carolina Chapter 3:45 PM -4:45 PM
Your House Counsel Room.
CLM GA-Greater Atlanta Chapter 3:45 PM -4:45 PM
Your House Counsel Room.
CLM TN-Middle Tennessee Chapter 3:45 PM -4:45 PM
Your House Counsel Room.
CLM SC-South Carolina Chapter 3:45 PM -4:45 PM
Your House Counsel Room.
CLM NC-Western North Carolina Chapter 3:45 PM -4:45 PM
Your House Counsel Room.
CLM FL-Central Florida Chapter 3:45 PM -4:45 PM
United States Health and Environmental Liability Management, LLC Room.
CLM FL-Northern Florida Chapter 3:45 PM -4:45 PM
United States Health and Environmental Liability Management, LLC Room.
CLM FL-Southern Florida Chapter 3:45 PM -4:45 PM
United States Health and Environmental Liability Management, LLC Room.
CLM FL-Western Florida Chapter 3:45 PM -4:45 PM
United States Health and Environmental Liability Management, LLC Room.
CLM IL-Greater Chicago Chapter 3:45 PM -4:45 PM
Troutman Sanders LLP Room.
CLM MO-Greater St. Louis Chapter 3:45 PM -4:45 PM
Troutman Sanders LLP Room.
CLM WI-Southeast Wisconsin Chapter 3:45 PM -4:45 PM
Troutman Sanders LLP Room.
CLM MN-Twin Cities Chapter 3:45 PM -4:45 PM
Troutman Sanders LLP Room.
CLM TX-Greater Dallas Chapter 3:45 PM -4:45 PM
Chronovo Room.
CLM TX-Greater Houston Chapter 3:45 PM -4:45 PM
Chronovo Room.
CLM LA-Southeast Louisiana Chapter 3:45 PM -4:45 PM
Chronovo Room.
CLM CO-Greater Denver Chapter 3:45 PM -4:45 PM
CSC Room.
CLM KS-Greater Kansas City Chapter 3:45 PM -4:45 PM
CSC Room.
CLM NE-Omaha Chapter 3:45 PM -4:45 PM
CSC Room.
CLM NV-Nevada Chapter 3:45 PM -4:45 PM
Authentic 4D Room.
CLM CA-Northern California Chapter 3:45 PM -4:45 PM
Authentic 4D Room.
CLM OR-Portland Oregon Chapter 3:45 PM -4:45 PM
Authentic 4D Room.
CLM WA-Spokane Chapter 3:45 PM -4:45 PM
Authentic 4D Room.
CLM WA-Seattle Chapter 3:45 PM -4:45 PM
Authentic 4D Room.
CLM AZ-Arizona Chapter 3:45 PM -4:45 PM
DJS Associates, Inc. Room.
CLM CA-Los Angeles Chapter 3:45 PM -4:45 PM
DJS Associates, Inc. Room.
CLM CA-Orange County Chapter 3:45 PM -4:45 PM
DJS Associates, Inc. Room.
CLM CA-San Diego Chapter 3:45 PM -4:45 PM
DJS Associates, Inc. Room.
CLM OK-Oklahoma Chapter 3:45 PM -4:45 PM
Chronovo Room.
Guest Meet and Greet 5:00 PM -6:00 PM
Zeta.
Meet for cocktails and get to know the other guests! (cash bar only)
Opening Session & Keynote 5:00 PM -6:00 PM
Stockwell Harris Ballroom.
Join us as we kick off the Annual Conference with the announcement of the winners of the 2015 CLM Professionals of the Year Awards followed by Keynote speaker Peter Bergen, CNN National Security Analyst.
Welcome Dinner - Around the World in 180 Minutes 6:00 PM -10:00 PM
Signature Island.
Network with other attendees at the Welcome Dinner and journey around the globe through Cuisine, Good Company and Interesting Cocktails! Touches of the different destinations accent food stations and come to life through activities and performances. (included in the registration fee)
Breakfast 7:30 AM -8:30 AM
Stockwell Harris Ballroom.
PREMIER PANEL 1 - From the Top: CEOs’ Industry Perspectives 8:30 AM -9:45 AM
Stockwell Harris Ballroom.
Insurance company CEOs join us for a dynamic panel session. The CEOs will share their industry insights and the impact those will have on the claims and litigation management fronts. No topic is off limits as this panel delves into industry innovations, trends and challenges.
Break 9:45 AM -10:10 AM
Ballroom Foyer.
Guest Event - Winter Park Cultural Tour 10:00 AM -4:00 PM
Meet in Lobby.
Enjoy a scenic Boat Tour, Lunch at Chez Vincent and Shopping along Park Avenue.
SESSION 1 10:10 AM -11:10 AM
Hilton Orlando Bonnet Creek.
Alternative Dispute Resolution - Ethical Considerations of Mediation 10:10 AM -11:10 AM
Skopenow Room.
Discuss a practical approach to difficult mediations through role play. The panel will also discuss ethical issues, such as full disclosure, limits of confidentiality and expectations of procedural fairness. The group will also explore creative solutions to impasse caused by difficult parties and large numbers of participants.
Insurance Coverage - Managing Difficult Excess Insurance Claims 10:10 AM -11:10 AM
National Commercial Services Room.
Excess insurance claims present unique and challenging coverage issues for claim resolution professionals. This roundtable will discuss both practical and specific considerations for excess insurance claims, including excess insurance contract interpretation and follow-form policy interpretation. The session will also address the duties of underlying insurers to excess carriers and the potential challenges and conflicts that may arise between the primary and excess carriers when handling and/or settling a claim that may that often arise when the excess policy is potentially implicated.
Litigation Management - Using Obamacare to Reduce Damages in Your Personal Injury Case 10:10 AM -11:10 AM
Kalbaugh Pfund & Messersmith Room.
The Affordable Care Act, more commonly known as “Obamacare,” can effectively be used in personal injury cases to reduce damage exposure. Whether “Obamacare” is treated as a collateral source, or instead is considered on the issue of the reasonable cost of care, it is a weapon that defendants have in their arsenal, and should be deployed in appropriate circumstances.
Professional Liability - Early Resolution Strategies for Employment Practices Litigation 10:10 AM -11:10 AM
Paradigm Outcomes Room.
With increasing pressure for early and efficient resolution, this session will examine creative approaches and techniques for successful outcomes in high exposure Employment Practices Litigation (EPL) claims. The interactive session will explore practical steps to manage litigation risks and lower expenses to ensure that high exposure employment claims are resolved in the most efficient manner.
Claims Management - Settlement Funds and Investment Risk 10:10 AM -11:10 AM
Chronovo Room.
Discuss the behavior science behind why claimants make decisions to settle or try a case. Discussions will include why injured plaintiffs are really unique investors who cannot afford any risk with their settlement funds. Various elements of market volatility and risk will be discussed, as well as other preferred methods for negotiating cases with structured settlements, special needs trusts, and life insurance. Learn the latest negotiation techniques using these products and services to increase claim savings and outcomes.
Construction - How to Best Wrap Up Construction Claims in the 21st Century 10:10 AM -11:10 AM
Exponent Room.
Construction defect and construction product claims present complex challenges in the claims and litigation process. The implementation of Owner Controlled Insurance Programs (OCIPs) by the insurance industry was an attempt to streamline and manage these claims. However, OCIPs present various challenges in both the legal and claims handling mechanisms. This program will cover practical tips on how OCIPs can be best administered to maximize their utility and efficiency in resolving claims.
Diversity & Inclusion - M2: Motivating Millennials and B3: Brindling the Baby Boomers 10:10 AM -11:10 AM
Engles, Ketcham, Olson & Keith, P.C. Room.
Do you see the older generation as workaholics who are never satisfied? Do you see the younger generation as unmotivated and undedicated to their jobs? This session will address the differences between millennials and baby boomers in their approach to and attitudes about work. It will also explore the ways in which the two groups can better understand and respect each other and grow healthy work relationships .
Environmental & Toxic Tort - Know Your Poop: Category 3 Black Water Claims 10:10 AM -11:10 AM
United States Health and Environmental Liability Management, LLC Room.
While mold claims and litigation exploded well over a decade ago, and policy exclusions for fungi and bacteria are now common, claims and litigation associated with the presence of Category 3 Black Water, have increased exponentially, to the point that there are more claims for Category 3 Black Water than mold. Failure to address these claims head on can potentially result in litigation regarding bad faith, the incorrect application of sub-limits or failure to exclude coverage resulting in significant costs to remediate. This roundtable will discuss the definition of all types of water damage, environmental testing necessary to support these claims, as well as provide litigation case studies where these claims have arisen.
Environmental & Toxic Tort - Identifying, Avoiding, Mitigating, and Insuring Environmental Risk in Construction 10:10 AM -11:10 AM
Melchiode Marks King LLC Room.
Environmental claims, litigation, and operational issues have been plaguing real estate and development projects for years, resulting in delays, cost overruns, and third-party exposures. Many properties built in the late 1960s and 70s are now obsolete and the resultant renovation or demolition is uncovering hazardous materials and environmental challenges. New materials not addressed in the 80s and 90s are now being regulated. This session will explore how these issues can be identified and properly addressed. We will discuss the insurance policies available to cover environmental risks and how to maximize insurance recovery, explain how the risks can be mitigated and claims avoided, and describe steps that can be taken in preparing and defending an environmental claim or litigation, if one arises.
Claims Management - Is There A Hole In My International Shoe? 10:10 AM -11:10 AM
Esquire Room.
This is an interactive discussion focusing upon the United States Supreme Court's decision in Daimler AG v Bauman, 134 S.Ct. 746 (2014), and its potential reshaping of personal jurisdiction. This case affects litigation involving foreign parties, corporations, or litigation with international elements.
Claims Management - New Medicare Contractor Changes Compliance Landscape 10:10 AM -11:10 AM
Stuart, Maue, Mitchell & James, Ltd. Room.
Starting Oct 1, 2015, the Commercial Repayment Center (CRC) began processing conditional payments in conjunction with the Benefits Coordination & Recovery Center (BCRC). Learn the distinction of which contractor will handle your conditional payment claim and why. Information will be provided on the background of the CRC, how it is compensated, and what other activities they conduct on behalf of Medicare that could lead to further enhancements to the services being provided to CMS. Find out the reason for increase use by CMS of Conditional Payment Notices (CPNs), and how they are different from Conditional Payment Letters (CPLs) and more importantly, whether a settlement, judgment or award is determinative of responsibility to pay.
Product Liability - Machinery & Equipment Failures & Analysis 10:10 AM -11:10 AM
Case Forensics Room.
This session will explore failure modes and root causes of equipment, machinery, vehicles and mechanical systems. The failure of a system or component can manifest in many different ways but ultimately a human somewhere was involved. A theory will be proposed that every failure happens because someone somewhere has done something wrong or failed to do what was necessary. The validity of the theory shall be debated.
Professional Liability - The New Frontier: Liability and Coverage Issues Facing 21st Century Design Professionals 10:10 AM -11:10 AM
Examworks Clinical Solutions Room.
Like most professionals, the roles and exposures of design professionals continue to morph and change. Design/Build projects led by the builder rather than the designer are becoming the norm rather than the exception. Claims professionals and counsel experienced in defending design professionals and evaluating coverage will discuss the impact on project discussions, E&O coverage and other developing topics related to architects and engineers.
Subrogation - Maximizing Production Through Questionable Claim Handling 10:10 AM -11:10 AM
Troutman Sanders LLP Room.
Most internal departments are not large enough to handle the volume of UM, small balance, denial, stall and complex claims that require added time and expertise. The world of subrogation is a balancing act, with many competing interests that insurers need to consider. Internal productivity increases when Firm’s outsource questionable claims and do not have employee’s work time consuming unprofitable accounts. This session will provide tips on how to overcome denial and stalling tactics to increase internal collections. We will also target which claims to outsource including where and when to place them along with selecting agencies and/or law firms to their recovery strategy.
Technology - Event Data to Autonomous Vehicle Technologies - Where Are We Going? 10:10 AM -11:10 AM
DJS Associates, Inc. Room.
From Active Park Assist to driverless cars, the spectrum of potential technological advances coming to an automobile near you range from the seemingly benign to yesterday’s science fiction. Those working in insurance claims and litigation will need to understand these upcoming advanced vehicle systems in order to anticipate their potential impacts and evaluate them within the context of their responsibilities.
Risk Management - Stratified General Liability Claims: Fast Tracking and Other Techniques 10:10 AM -11:10 AM
Transcend Services Room.
The session will specifically focus on the cost effective and timely settlement of property damage events using a management approach case study and discussion centered on efficient handling of general liability claims. The session will emphasize coordination of service partners to this end.
Extra-Contractual - What Is The Meaning of Bad Faith? 10:10 AM -11:10 AM
CSC Room.
In this litigious age, insureds often allege bad faith for strategic purposes when their insurance claim does not go exactly how they would like. However, even when an insurance company does everything right in handling a claim, seemingly innocuous aspects of claim handling can create risk factors for potential bad faith exposure. In this interactive session, we will look at the critical moments in the life of a claim and analyze the potential bad faith exposures that can result. We will define the meaning of bad faith, and then discuss how conflicts of interest, lack of objectivity in handling claims, claim file documentation issues, and over-delegation can be used by insureds to advance a bad faith claim.
Insurance Fraud - Fraud: An Unruly Predator of Epidemic Proportions 10:10 AM -11:10 AM
Authentic 4D Room.
This session will focus on the exponentially growing global concerns surrounding fraud claims that insurers and corporations alike are facing on a daily basis. Through a detailed factual presentation of three real life case studies, this group will promote extensive discussions and collaborations designed to not only outline the problem but also to pinpoint precise and successful measures to counteract this epidemic.
Litigation Management - Litigation Management: Process Mapping and Project Management Strategies 10:10 AM -11:10 AM
Epiq Systems Inc. Room.
This session will discuss the benefits to the insured, insurer and counsel in the use of process mapping and project management. We will discuss how to devise a road map to lead to more meaningful and cost effective handling of claims. This discussion will focus not only on the insurer implementing these strategies in its day to day operations but counsel as well. We will focus on a logical flow for handling claims that is consistent and that strives to acheive the desired outcome in the most efficient manner.
Technology - The Internet of Things: Where the Cyber Meets the Physical 10:10 AM -11:10 AM
Your House Counsel Room.
The world is still getting its head around cyber threats – with companies scrambling to protect their data and implement damage control when it is lost. With the Internet of Things (IoT) and the number of internet connected devices multiplying exponentially, the potential impact is no longer simply on data but has begun to impact the physical. The President’s National Security Telecommunications Advisor Committee found that compromise or malfunction of IoT devices could have National Security and Emergency Preparedness implications. IoT connected hardware, utilities and even vehicles are now vulnerable. Join us as we discuss the liability implications and how the claims we are handling today could be impacted by The Internet of Things.
Ethics - Mix It Up: Counsel's Ethical Obligations and Fair Claims Handling 10:10 AM -11:10 AM
ABI Room.
Separate professional and commercial line claims will provide the backdrop for this discussion of the practical considerations involved in handling “mixed” claims. The two case studies will highlight considerations associated with an insured’s right to independent counsel, counsel’s reporting obligations to both insured and insurer, and the tension that can develop in satisfying counsel’s duties to each. Both counsel’s ethical obligations and fair claims handling practices will be emphasized.
Risk Management - Working with Industry: View from the Commissioner’s Office 10:10 AM -11:10 AM
Alan Gray Room.
A panel of insurance commissioners will discuss some of the major issues facing the insurance industry today. Topics include international and federal influences, cybersecurity, price optimization, and other emerging developments. The commissioners will offer their views on how to address the challenges posed by these emerging issues, and share their thoughts on how regulators and industry can cooperate to achieve the optimum outcome for all stakeholders.
Break 11:10 AM -11:30 AM
Ballroom Foyer.
SESSION 2 11:30 AM -12:30 PM
Hilton Orlando Bonnet Creek.
Alternative Dispute Resolution - Mediation: Behind Closed Doors 11:30 AM -12:30 PM
Skopenow Room.
Dive into a discussion about the interaction of the mediator with counsel and parties. Discuss the emotions of the mediation process, with a focus on the emotions and issues that take place behind closed doors in the plaintiff's room.
Litigation Management - Jury Selection: Your Last Line of Defense 11:30 AM -12:30 PM
Kalbaugh Pfund & Messersmith Room.
Although often overlooked, jury selection is the final frontier for claim resolution professionals to control a claim's trajectory. While much of a claim resolution professional's trial preparation is focused on trial reporting guidelines, expert opinions, judicial profiles, trial budgets, and other important functions, the selection of a jury to decide an insured's fate is crucial to a successful outcome. In this interactive session, a multi-million dollar, catastrophic injury jury trial will set the background for an in-depth discussion of whom you want deciding the value of a large loss claim and how to frame the case from the outset to prevent a runaway jury.
Claims Management - Preventing an Event from Becoming a Crisis 11:30 AM -12:30 PM
Esquire Room.
Utilizing recent real world examples and years of crisis response experience, examples and the methodologies will be employed to demonstrate how to respond to a crisis to protect the corporate image and product or service integrity. The session will also discuss how to substantially reduce the cost and expenses of resolving the aftermath favorably by controlling claims and efficiently managing litigation.
Cyber Liability - The Fallout of the Ashley Madison Attack 11:30 AM -12:30 PM
DJS Associates, Inc. Room.
Explore the issues from the data breach on the infamous Ashley Madison website and discuss whether Ashley Madison can be held liable for various injuries that occurred to its customers in the aftermath of a cyber attack. We will also explore various employment, cyber security, and privacy related aspects of the breach, and discuss potential shareholder actions deriving from the scandal.
Diversity & Inclusion - Getting Women into the First Chair 11:30 AM -12:30 PM
Engles, Ketcham, Olson & Keith, P.C. Room.
A recent ABA study on Women in the Profession reported that men appear as lead counsel in 76% percent of those civil litigation cases that identify a lead counsel. The disparity is even greater in representation by firms in the AmLaw 200 and Small Private Firm categories. This roundtable seeks to discuss and brainstorm the ideas and steps to improve such statistics. While not denying their existence, the group seeks to focus on concrete positive steps for individual success rather than discuss issues of social factors and bias. We will discuss perspectives on what the industry values in selecting lead and trial counsel and how female attorneys can demonstrate thpse industry competencies and values.
Environmental & Toxic Tort - A New Smoking Gun in Civil Litigation 11:30 AM -12:30 PM
United States Health and Environmental Liability Management, LLC Room.
Even more reliable than eye witness testimony and surveillance video, genetic testing and DNA analysis can outright disprove a plaintiff's theory or possibly be a basis for a strong defense. The session will address types of litigation employing these techniques, information that can be harvested, court approval, expert analysis/cost and drawbacks. A case study will presented regarding the recent use of genetic testing performed in a case where the decedent was allegedly exposed to benzene in the course of his employment.
Extra-Contractual - The New Trend in Bad Faith Litigation 11:30 AM -12:30 PM
CSC Room.
In the last year, insurers have seen a rising number of first party lawsuits from non-insureds due to post-loss assignment of contractual rights to strangers to the insurance contract. As a result, insurers face potential exposure to inflated indemnity claims, extra-contractual or double indemnity damages as a result of assignments to which they did not consent. This rountable will explore the reasons behind this emerging trend, the effectiveness of the anti-assignment clause in the insuring agreement, and strategies for insurers to deal with such claims.
Insurance Coverage - New Developments in Intellectual Property, Media and Cyber Coverage Issues 11:30 AM -12:30 PM
National Commercial Services Room.
This session will address recent developments in coverage for intellectual property claims, implicating personal and advertising injury (CGL), media liability, and cyber policy forms. This is a rapidly developing area of law and subject of some of the most high-profile coverage litigation in the country today. The session will start with an intermediate-level introduction to the available coverage forms and the most commonly litigated issues, and then proceed to a case-study analysis of three recent high-profile cases: Sony v. Zurich; In re NCAA Student-Athlete Name and Likeness Licensing; and Columbia Casualty v. Cottage Heath System.
Insurance Fraud - The Future of Fighting Fraud 11:30 AM -12:30 PM
Authentic 4D Room.
This roundtable examines how identity theft/cyber security breaches affect auto and property insurance fraud cases and how current technological advances can shape and shift current laws that help in defending, investigating, and litigating fraud.
Litigation Management - Excess Carrier: Friend or Foe? 11:30 AM -12:30 PM
Your House Counsel Room.
The relationship between a primary carrier, an excess carrier, the insured and counsel can become complicated and contentious. Issues such as choice of counsel, the desire of multiple parties to have their lawyer try the case and the role of monitoring counsel can become distractions to the preparation of a high exposure case. Handled differently, the various voices can blend to provide stronger representation and new perspectives to benefit the client. This group will discuss the real life pitfalls and solutions to this process, including the how, when and why to switch trial counsel, the benefit of early intervention by the excess carrier, the often complex issues of notice to the excess carrier and strategies to keep the focus on the common goal, a successful resolution for the client.
Municipal Law - Clearing the Smoke on Medical Marijuana in Employment 11:30 AM -12:30 PM
Troutman Sanders LLP Room.
At least 23 states have legalized medical marijuana. Many of these eligible patients not only hold medical marijuana cards but also full and part time jobs. This session will discuss the issues surrounding medical marijuana use and the workplace. Special attention will be directed to the similarities and differences between the laws of the states with anti-discrimination language; unique issues faced by employers in certain sectors – municipal employers, safety-sensitive positions, professionals, and employers in multiple jurisdictions; reasonable accommodations – if required and the types of accommodations; and other potential issues that arise with legalized marijuana.
Professional Liability - Employment Practices Liability Insurance – Twenty Years at a Glance 11:30 AM -12:30 PM
Paradigm Outcomes Room.
This session will discuss the evolution of the EPL product. We will discuss where we are going as a market segment, what is new and evolving in coverages, including what remains as uncovered exposures by certain markets. We will debate certain coverage issues and discuss other insurance products with arguably overlapping coverages. We will also discuss the pros and cons to the duty to defend or duty to indemnify alternatives and which may be appropriate based upon the client, pricing, industry segment and geographic locations. Finally we will discuss where alterative coverages/markets are available for certain types of exposures such as Wage and Hour and Punitive Damages.
Claims Management - Are You Ready for Some Football (Litigation)!? 11:30 AM -12:30 PM
Chronovo Room.
Concussion litigation is a major issue in the news. A new Will Smith movie appropriately entitled Concussion premiered in December 2015. This session will discuss recent trends in concussion litigation facing public entities and their insurers. We will also cover the growing issues around Right to Play laws and the methods sports leagues and municipalities can protect themselves from suit. In addition, we will examine underwriting concerns relating to concussions issues and risks. We will also discuss juror views relating to high contact sports and those who participate in activities where injury is a certainty. Finally, we will look at the medicine behind concussion diagnosis, testing and prevention.
Claims Management - Navigating the Waters of Large SIRs and Deductibles 11:30 AM -12:30 PM
Stuart, Maue, Mitchell & James, Ltd. Room.
Companies often obtain policies with large self-insured retentions (SIR) or deductibles, to defray the cost of insurance or keep control of claims. Many issues can arise within the SIR/deductible that require careful analysis and navigation for our clients and carriers. Our roundtable will educate the audience on the statutory and case law relevant to determining the duty to defend and indemnify when the client/insured cannot satisfy the SIR/deductible, and will provide strategies in navigating the common issues.
Product Liability - Fairy Tales or Non-Fiction: Expert Witness Testimony 11:30 AM -12:30 PM
Case Forensics Room.
Expert Testimony is a critical component of proving and winning your case. This session will focus on how to evaluate the far-fetched expert and tools used to investigate the credibility of the witness. We will examine situations where expert witness testimony may be excluded and the reasons for exclusion, as well as overall credibility of the experts. Attorneys will learn the necessary tools to investigate the merits of the expert's opinion and methods to discover impeachable areas of the witnesses' background and qualifications. Claim resolution professionals will learn how to better gauge the value of the plaintiff's claim so decisions to defend at trial or early resolution can be made.
Subrogation - Boom! Catastrophic Explosions: Practical Strategies for Maximizing Recoveries 11:30 AM -12:30 PM
Transcend Services Room.
Catastrophic explosions often involve extensive property damage, significant business interruption and bodily injuries. Strong leadership and solid investigation maximize recovery opportunities. This session discusses best practices for effectively investigating explosion losses, developing viable recovery theories for causation and contributory causes for failed protective systems exacerbating the explosion loss.
Construction - Mediating, Arbitrating and Litigating Construction Claims 11:30 AM -12:30 PM
Exponent Room.
As litigation costs are increasing, parties are looking at alternative dispute resolution. However, deciding whether mediation, arbitration or litigation is the most advantageous way to resolve a potential or pending dispute is not as straightforward as it may initially seem. This session will discuss evaluating a construction claim to determine whether to mediate, arbitrate or litigate a claim including the various arbitration and mediation clauses in construction contracts. We will also discuss effective advocacy of a construction claim in mediation, arbitration and litigation.
Environmental & Toxic Tort - What Is That Stuff in My Well? 11:30 AM -12:30 PM
Melchiode Marks King LLC Room.
We have all seen the claims of contamination of drinking water wells and other waters, such as agricultural water, by production water and drilling wastes created by the drilling of oil wells and hydraulic fracturing or fracking. This session will discuss what is required to defend against such a claim from both a legal and a scientific perspective, as well as what goes into valuing such a claim from an insurance perspective.
Professional Liability - Expanding Frontier of Telemedicine: Clear Skies or Stormy Weather? 11:30 AM -12:30 PM
Examworks Clinical Solutions Room.
The world of telemedicine is expanding at a rapid rate. The benefits of telemedicine are many and include improved access to information, provision of care not previously deliverable, improved access to services, greater convenience and increased quality control. Some of the disadvantages include a breakdown in the relationship between the health care professional and patients and a breakdown of the relationships between professionals. This session will discuss these benefits and disanvantages, as well as insurance coverage for such care, in addition to varying government regulations and confidentiality concerns along with growing concerns that protected health information systems may be breached.
Cyber Liability - The Experts Speak: Cyber and Data Privacy Risk 11:30 AM -12:30 PM
ABI Room.
This session will focus on expert analysis of cyber and data privacy risk and how the insurance industry and outside counsel work together to assist insureds in mitigating the inevitable. The panel will discuss underwriting concerns, risk assessment, insurance coverage, event response and litigation of cyber claims.
Premises Liability - Out-of-Control Gun Violence 11:30 AM -12:30 PM
Alan Gray Room.
A discussion about the increase of liability for third party violence and criminal acts. With a new report of gun violence in the news on a near daily basis, companies and their insurers will be faced with third party and first party liability claims as well as regulatory actions. This session will provide a discussion of the increase in liability for third party criminal acts and the sharp increase in costs for security other preventative measures.
Litigation Management - Standing on Shaky Ground 11:30 AM -12:30 PM
Epiq Systems Inc. Room.
This session will examine various ownership and management structures to explore how property and claim ownership may not always overlap. We will discuss how to assess, verify, and challenge the validity and scope of a Plaintiff's assertion of standing to raise claims, and the legal, practical, and insurance implications under various insurance programs. We will also debate the cost/benefit from the perspective of the liability defendant, claims representative, insurer, as well as the impact of standing issues on the negotiation and litigation of the overall case, and discuss the advantages and disadvantages of challenging standing at the inception versus at the settlement negotiations and/or trial stage.
Lunch 12:30 PM -2:00 PM
Stockwell Harris Ballroom.
SESSION 3 2:00 PM -3:00 PM
Hilton Orlando Bonnet Creek.
Alternative Dispute Resolution - Increasing the Success and Effectiveness of Mediations 2:00 PM -3:00 PM
Skopenow Room.
Mediation has become the most popular ADR technique. This roundtable will dissect the mediation process, and focus on the development of techniques and strategies to increase its success and efficiencies.
Claims Management - Rapid Response Team: Controlling Exposure Risks 2:00 PM -3:00 PM
Esquire Room.
Know when to deploy attorneys and investigators to serious accident and fire sites to coordinate the overall investigation, gather appropriate evidence and materials, assist with the overall investigation, and control the potential exposure if a suit is commence. We will discuss how to assemble the appropriate team, when it is a good time to have a rapid deployment, and what are the issues faced with the client, the carrier, and the attorneys.
Construction - It's Not All About Faulty Workmanship 2:00 PM -3:00 PM
Exponent Room.
This roundtable will address managing product liability exposure in construction litigation. Although sometimes intertwined with faulty workmanship, product manufacturers, suppliers and distributors have unique exposure created by the strict liability, breach of warranty and negligent design and manufacturing claims that they face. The panel will discuss the classic battle between an installer and a product manufacturer/supplier. Defense and coverage strategies will be explored.
Environmental & Toxic Tort - Let's Talc! 2:00 PM -3:00 PM
United States Health and Environmental Liability Management, LLC Room.
Talc is a mineral composed of hydrated magnesium silicate. When most people hear the word talc, they think about baby powder. While this may sound harmless, one should never underestimate the creativity of the asbestos plaintiffs' bar. With so many traditional defendants filing for bankruptcy protection in the face of seemingly never-ending asbestos litigation, plaintiff attorneys have set their sights on companies that either mined, manufactured, or distributed products with asbestos-containing talc. We will discuss the science behind the allegations concerning asbestos-containing talc, the types of products potentially implicated, recent verdicts, and strategies for defending your talc client. So join us for this lively discussion and let's talc!
Extra-Contractual - Isn't Anything Sacred Anymore? 2:00 PM -3:00 PM
CSC Room.
Examine current trends and identify the means to maximize valid privilege claims. Distinctions between factual investigation and strategic legal analysis will be explored. Distinctions between first party and third party claims and the resultant impact on privilege will be evaluated. Examples of successful (and unsuccessful) assertions of privilege will be analyzed. The group will also examine the discovery treatment of reserves and underwriting materials.
Insurance Coverage - Complex Builder's Risk Claims 2:00 PM -3:00 PM
National Commercial Services Room.
Builder's risk claims are often complex, involving a variety of issues and requiring multiple areas of expertise. Managing a builder's risk claim requires an understanding of the policy, an investigation into the cause of the loss and extent of the damage, the retention of the proper experts, and an analysis of the policy coverage, exclusions and valuation provisions in light of the results of the investigation. This session will feature a hypothetical builder's risk claim, which will allow the audience to discuss, debate, and work through the issues that arise in a builder's risk claim.
Insurance Fraud - What It Takes to Catch a Fraud 2:00 PM -3:00 PM
Authentic 4D Room.
Examine some of the costliest and creepiest insurance fraud cases over the course of the last year to discuss what classic types of insurance fraud continue to plague carriers and law enforcement alike, what types of fraud claims are trending or emerging, and the tools and techniques that were used in the detection and prosecution of these noteworthy and often notorious claims.
Litigation Management - Panel Counsel Performance Measurement: Understanding and Communicating How Success Is Measured 2:00 PM -3:00 PM
Kalbaugh Pfund & Messersmith Room.
Insurers are honing their panels – often times refining them to include key partners and proven practice area experts – in order to best manage their claims litigation activities, with an eye towards tightly controlling legal spend and strengthening relationships with key firms in critical practice areas and jurisdictions. This session covers key concepts and practices that can inform and mold advanced panel management and performance management initiatives. We will explore how measuring firm performance using a holistic mix of objective and subjective data is a key factor in successful panel management.
Litigation Management - Point/Counter Point: Claims and Counsel 2:00 PM -3:00 PM
Epiq Systems Inc. Room.
Have you made clear to your counsel what you want and /need from them? Do the claims professionals that counsel deal with always understand what counsel needs? Have both sides explained what counsel is expected to do (and not do)? This is more than simply sending out (and agreeing to adhere to) billing/claim handling guidelines. This speaks more to the elements of this relationship that are crucial to make the overall results achieved – qualitatively, quantitatively, strategically, and economically beneficial. This roundtable discussion will explore both sides of these issues, presented in a point/counter point format.
Litigation Management - Crisis Management 2:00 PM -3:00 PM
Your House Counsel Room.
Your plane has landed at your connection, you check you messages. The FBI has arrived at your office and the company needs to know what to do. This roundtable will discuss how to handle crisis situations where a wrong move can potentially cost a lot of money or even have criminal repercussions.
Claims Management - Handling Traumatic Brain Injury Cases 2:00 PM -3:00 PM
Chronovo Room.
This session will focus on the handling, evaluation and defense of traumatic brain injury claims from the time of the loss through trial. We will address steps corporate employees can take at the time of loss to assist in the defense of such claims, the evaluation of traumatic brain injury claims by claims adjusters once the loss is reported, and the need for various experts to assist in the defense of litigated TBI claims.
Premises Liability - Is the Reptile Real? 2:00 PM -3:00 PM
Melchiode Marks King LLC Room.
This roundtable will discuss the basics of the plaintiff bar's reptile program, and assess verdicts reported by the reptile program as reptile verdicts. The group will discuss whether a reptile effect was present or not based on analysis of the facts, liability, and damages. Participants will be provided background facts of 2015 Reptile verdicts and asked to assess verdict ranges and comparative fault. Participants will assess whether verdicts were within ranges expected or whether a reptile enhancement of the verdicts in each case was present, and what can be done to offset such tactics by claim resolution professionals and defense counsel.
Product Liability - Wild Thing: Organic, Non-GMO, and Nutraceutical Products 2:00 PM -3:00 PM
Case Forensics Room.
Consumers are increasingly health-conscious about the consumption of food and nutritional products. This translates to immense growth within the nutritional supplement, nutraceutical, and specialty food markets. Manufacturers and distributors have responded to the nutritional and environmental/preferences of their consumers. We can expect a corresponding increase in claims/litigation. This session will address parallels and differences with traditional pharmaceutical litigation.
Professional Liability - Here Comes the CFPB - Will Professional Liability Be Changed Forever? 2:00 PM -3:00 PM
Paradigm Outcomes Room.
The Consumer Financial Protection Bureau came into effect in 2010, with its enforcement division ramping up over the last year. The CFPB's regulatory arm will have a significant impact in the professional liability world, and for the first time since its inception in 1974 there will be significant RESPA oversight. RESPA extends to settlement service providers and prohibits certain financial kickbacks among these providers. To date, there has been more than $55 millions in fines ordered for RESPA violations (mostly in the last 12 months) and with a new office opening on the west coast, those fines could double and/or triple over the next year. Standard E&O policies do not cover fines and penaltie (leaving huge exposure for the insured) and have limited sub-limit coverage for the retention of an attorney to defend regulatory matters. The session will focus on risk reduction analysis for those professionals facing CFPB scrutiny and assess how the CFPB will affect future E&O policies and coverage as this regulatory body continues to expand its reach.
Professional Liability - The Strategic, Moral and Ethical Dilemmas of Defending Clear Misconduct Claims 2:00 PM -3:00 PM
Examworks Clinical Solutions Room.
As a claim resolution professional or defense attorney involved in professional liability claims, there may be times when you are confronted with claims involving clear misconduct, credible allegations of fraud, intentional misconduct, or otherwise malicious and utterly indefensible behavior. When confronted with these claims, you will immediately face potential coverage issues, regulatory concerns, and ethical concerns and considerations with regard to the tripartite relationship, as well as moral concerns with regard to defending and protecting the individuals/entities alleged to have been involved in same from exposure. Managing these various issues and concerns can be a delicate balancing act, requiring a careful consideration of the issues presented on multiple levels, and creative litigation strategies. This session will explore the moral, ethical, and strategic considerations to be balanced in successfully handling the seemingly indefensible professional liability claim.
Transportation - Avoiding High Stakes Penalties and Loss of Government Contracts 2:00 PM -3:00 PM
Engles, Ketcham, Olson & Keith, P.C. Room.
Avoiding High Stakes Penalties and Loss of Government Contracts: An in depth discussion of the complex web of OFAC and BIS regulations, compliance, penalties and enforcement that can snare even the well informed. The Office of Foreign Assets Control (OFAC) of the US Department of the Treasury administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States. The U.S. Bureau of Industry and Security advances U.S. national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system. Penalties and settlements in 2015 already total $270,000,000. CLM participants will receive practical tips, best practices and solutions from three different perspectives on how to identify, avoid and/or reduce risk, maintain compliance, and mitigate potential penalties.
Construction - The Impact of the Affordable Care Act on Personal Injury Litigation 2:00 PM -3:00 PM
Stuart, Maue, Mitchell & James, Ltd. Room.
This session will discuss how to most effectively use ACA to reduce Plaintiffs claims in personal injury litigation. We will provide a plan to defend against claims for future medical costs and loss of health insurance.
Cyber Liability - Tales from the Cyber Front Line 2:00 PM -3:00 PM
DJS Associates, Inc. Room.
We will discuss the nature of cyber risk and hear how policyholders plan, prevent, protect and detect unauthorized access to data. We will explore the mechanics of data breach response and how different situations warrant different responses. Finally, we will explore legal issues that arise and how cyber claims are generally handled.
Claims Management - Building Your Own A-Team! 2:00 PM -3:00 PM
Troutman Sanders LLP Room.
This session will focus on how even the most challenging and catastrophic cases can be effectively managed and ultimately litigated. The first step to successfully combat any catastrophic claim is to retain qualified local counsel, investigators, and experts. Attendees will leave with a practical and useful understanding of who to retain to internally control and manage information; to mitigate potential media exposure; to alert primary and excess carriers in a high exposure cases; and to mitigate damages by loss transfer.
Workers' Compensation - Barbarians at the Gate 2:00 PM -3:00 PM
Transcend Services Room.
Many jurisdictions have enacted legislation to minimize recoveries to the claimant’s bar in workers' compensation claims. The plaintiff’s bar has sought to maintain its revenue stream by filing suits against the employer outside the workers' compensation system. Traditionally, the workers' compensation laws in the various states afforded virtually complete protection against such litigation through the exclusive remedy doctrine. The roundtable will trace the expansion of traditional exceptions to the exclusive remedy doctrine (third-party liability, dual capacity and intentional torts) to litigation centered on violations of the RICO Act, OSHA violations, bad faith claims handling, violations of various state constitutional or statutory provisions, workplace violence and retaliatory discharge.
Professional Liability/Diversity & Inclusion - Are You Ready for Ms. Cox? Transgender Individuals and the EPL Issues Facing Employers 2:00 PM -3:00 PM
ABI Room.
Thanks to Laverne Cox, the first Emmy-nominated transgender actress in the TV show Orange is the New Black, issues affecting transgender individuals, including workplace discrimination, harassment and retaliation, have come to the forefront of employment litigation. This session will examine potential EPL issues likely to face employers of transgender individuals, including common pitfalls and their potential ramifications. The session will also address claims handling and coverage issues that may be involved in these types of cases.
Litigation Management - Big Data: Big Breakthrough or Big Brother? 2:00 PM -3:00 PM
Alan Gray Room.
The legal services industry is presently on the cusp of incorporating macro analytics and performance statistics as both a predictive and an evaluative tool in the field of litigation management. This probing session will explore the cutting edge ways in which these new and transformative approaches will profoundly affect counsel, clients and the profession alike in the coming years both in terms of the way services are performed and the way in which they are measured/purchased.
Break 3:00 PM -3:25 PM
Ballroom Foyer.
SESSION 4 3:25 PM -4:25 PM
Hilton Orlando Bonnet Creek.
Insurance Coverage - Insurance Complications in the Modern World 3:25 PM -4:25 PM
Examworks Clinical Solutions Room.
New technology and business enterprises, including ride-sharing, Airbnb, legalized marijuana, Bitcoin, drones, self-driving cars, and cybersquatting are presenting new issues for the industry. This session will cover insurance coverage and litigation issues associated with these new businesses.
Claims Management - Defining Success Between Law Firms and Insurance Carriers 3:25 PM -4:25 PM
Esquire Room.
How can law firms and insurance carriers build and maintain better partnerships? Does use of technology and metrics translate to a more valuable partnership? To what extent should the services of law firms be considered a commodity? Participants in this roundtable discussion will have the opportunity to ask questions, share thoughts and ultimately walk away with valuable ideas to implement in their own businesses.
Workers' Compensation - The First 48 Hours: CSI 3:25 PM -4:25 PM
Chronovo Room.
Crucial to successful claim handling and eventual litigation is understanding the key facts in a case. Through this session, we will discuss the essential information to be gathered through an incident report from both the claims and litigation perspectives, as well as how this information affects the path of a claim. Specific attention will be given to special concerns for premises liability, transportation claims, retail/hospitality claims, and claims involving minors, as well as spoliation of evidence.
Cyber Liability - Cyber-Attack Preparedness Toolbox 3:25 PM -4:25 PM
DJS Associates, Inc. Room.
Address the practical and cost-effective steps that a company (and its legal counsel) can take now that will not only minimize the threat or likelihood of a cyber event, but that will also ensure the company is better prepared to manage a cyber event. The discussion will focus on areas such as employee training, cost-effective strategies for handling technology-related matters, ensuring that business contracts provide appropriate protection, and other best practices and preparedness techniques. This session will also discuss the formation of an emergency response or breach team, including who should be part of that team and the steps that such a team must take in response to a cyber event.
Ethics - Dancing on the Head of a Pin 3:25 PM -4:25 PM
Troutman Sanders LLP Room.
This session will explore the tripartite relationship between the insurer, insured, and counsel. We will use a case study to show how easy it is to forget whose interest is paramount. The session will address the ethical issues that arise when defending pursuant to the terms of an insurance policy. We will discuss the duty to the client, potential conflicts of interest, the role of the insurer, TPA and counsel from the inception of the claim through trial. This session will also review the contractual relationship between the parties,confidentiality and ethical considerations. Both personal and corporate interest will be discussed.
Construction - Peeling the Layers of the Consent Judgment Onion 3:25 PM -4:25 PM
Exponent Room.
Consent judgments are on the rise in construction defect cases because the standard operating procedures for insurers upon receipt of a direct tender is to issue a boiler plate reservation of right letter. In days gone by, reservation of rights letters served to protect the insurer from uncovered claims and inform the insured about available coverage. The contrary is now true. In certain jurisdictions, providing a defense subject to a reservation of rights serves as a bad faith trigger and results in unanticipated and unintended exposure to the insurer. This session will provide a multijurisdictional overview of consent judgments.
Extra-Contractual - Bad Faith Discovery and Related Litigation Strategy 3:25 PM -4:25 PM
CSC Room.
Due to challenges and issues facing our industry as it pertains to bad faith claims, this roundtable will share insights from various points of view into recent case law affecting the scope of discovery as it pertains to bad faith claims, highlighting court decisions broadening the scope of communications and information protected by attorney client privilege and the work product doctrine. Specifically, courts have been narrowing the scope of an adjuster's testimony during depositions and limiting the scope of claims manuals and training materials that may be discoverable. These recent decisions are extremely advantageous to those defending bad faith claims.
Insurance Coverage - Your Mergers and Acquisitions Have Consequences 3:25 PM -4:25 PM
National Commercial Services Room.
Recent decisions have expanded insurance coverage available for liability acquired in the course of mergers and acquisitions. Our roundtable will dicuss thoughts on managing this emerging risk given the wave of consolidations in the business world.
Insurance Fraud - Stemming the Rising Epidemic of Insurance Fraud 3:25 PM -4:25 PM
Authentic 4D Room.
Insurance fraud is at an all-time high. There is no better example than Dr. Farid Fata, the Michigan oncologist convicted of misdiagnosing hundreds of patients to defraud insurance companies. Fortunately, he was caught. We will explore creative ways to expose fraud in the pre-suit stage to reduce litigation costs, and examine innovative 3D technology, which has the potential to undermine the over reading of MRIs.
Litigation Management - Claims Inroads in Managing Litigation Spend 3:25 PM -4:25 PM
Kalbaugh Pfund & Messersmith Room.
In an age of data transparency, new analytic tools and e-billing data allow carriers and panel counsel to assess performance, efficiency, severity, and strategy across all lines of litigation. There are a gamut of metrics, and everyone is asking for them. We will identify the most useful metrics and analytical approaches to data, and processes put in place that led to reduction in litigation spend, yielding budget improvements, efficiency and compliance with client guidelines. The session will map out the critical metrics and how they may be used to realize claim inroads.
Litigation Management - Stop Writing Exhibits For Data-Breach Plaintiffs 3:25 PM -4:25 PM
Skopenow Room.
Data breaches are commonplace, as is the litigation that follows. It is critical to use the attorney-client privilege to protect information generated before and after breaches. That information – including spontaneous emails and texts – often memorializes problems before breaches and during the scramble fix them. As a result, this information is targeted in discovery by adversaries, who want to turn these often-unflattering documents into exhibits and leverage to exact large settlements. Our roundtable will discuss practical tips to help use the attorney-client privilege to protect this information from disclosure.
Religious Non-Profit - Answering to a Higher Power 3:25 PM -4:25 PM
Melchiode Marks King LLC Room.
Religious Institutions are unique in the eyes of the law and, correspondingly, require leadership and counsel that understand these distinctions. In the context of employment discrimination litigation, the ministerial exception applies to shield religious institutions from scrutiny in their employment-based decisions when the employee in question is expected to personify the institution's religious beliefs. Participants will review the current state of the law by examining decisions applying the ministerial exception since SCOTUS 2012 Hosanna-Tabor decision. The group will discuss whether the exception strikes a proper and workable balance between autonomy in employment based decision-making and employee protections and how the law affects internal decision making.
Municipal Law - Read All About It: Crisis Media Management 3:25 PM -4:25 PM
United States Health and Environmental Liability Management, LLC Room.
In today's round-the-clock news environment, public entities and businesses face challenges when addressing the media following crisis or catastrophic events. The public wants to know, and the press will ask. How the responses are framed can be informative and reassuring; or they can be haphazard and inconsistent. The responses may also have direct impact on legal liability issues in litigation. This session will offer attendees actual case examples of crisis events that involved media interaction between the entities or businesses, and the responses—good or bad, as well as, offer perspectives of different experiences in these type cases, and the legal liability ramifications and solutions.
Reinsurance - What Is It That You Do? 3:25 PM -4:25 PM
Your House Counsel Room.
This session is an introduction into reinsurance, the support provided to an insurance company (the ceding company) by the reinsurer and the complexities of the reinsurance coverage in the event of a large or complex loss, or an industry event. We will highlight why it is that reinsurance claims professionals are always the highlight of a party with interesting discussions that span our world of claims and insurance losses!
Claims Management - Same-Sex Marriage, Open Carry and Weed 3:25 PM -4:25 PM
Epiq Systems Inc. Room.
This discussion will focus on how these new legal concepts (via Supreme Court decisions and new legislation) will affect the way in which tort/injury/death claims may be evaluated in the future and the types of unique new claims we can expect. Now that same-sex marriage is the law of the land, that will obviously open up a new group of litigants in wrongful death cases, as well as consortium claims. With open carry, we may see a variety of new tort claims. Now that marijuana has been legalized in some states, there may be an increase in tort claims related to impairment issues. We will examine how new legislation and new laws have the potential to change the landscape of tort claims generally, so that claim resolution professionals and defense counsel can plan ahead for possible new issues and potential liability exposures.
Claims Management - Law Firm Dissolutions, Receivers, Bankruptcy and Claims 3:25 PM -4:25 PM
Stuart, Maue, Mitchell & James, Ltd. Room.
Beginning in 2008, several mega law firms imploded. Law firm failures result from a variety of factors but are most common during troubled economic times. When a law firm collapses, state bar associations, receivers and bankruptcy trustees are tasked with the obligations to wind down and dissolve in an orderly fashion. The dissolution process is messy and further complicated by claims and ethical issues. This roundtable will examine the causes of collapse and the issues confronting the Receiver or Trustee in winding up the affairs of the law firm.
Product Liability - Product Liability: Issues in Today's Global Economy 3:25 PM -4:25 PM
Case Forensics Room.
In today's global economy, with manufacturers and distributors located across the globe, effectively defending and tendering a product liability claim has become increasingly more problematic. Gaining the attention and cooperation of foreign manufacturers and distributors is often vital to a substantive defense of the design, manufacturing and failure to warn claims, and yet jurisdictional and cultural differences often impede the same, further affecting an insured's pure exposure and the ability to settle a claim. In this session, we identify these key challenges and explore practical resolutions, from both the risk management and claims handler perspectives, in order to reduce and/or eliminate exposure.
Professional Liability - Quicksand! Eroding Limits Professional Liability Policies 3:25 PM -4:25 PM
Paradigm Outcomes Room.
This course will examine the ethical pitfalls that claims professionals and defense attorneys can encounter when defending claims under eroding limits professional liability policies. We will discuss three scenarios with special consideration to the tensions arising between the insurer and the insured in these scenarios and whether certain practices can give rise to bad faith claims. Attendees will assume alternating roles as claims professionals, insureds and panel and personal counsel in several hypothetical exercises.
Workers' Compensation - Putting the Cow Back in the Barn 3:25 PM -4:25 PM
Transcend Services Room.
Medical care in workers' compensation often includes treatment not considered in a health insurance/non-litigation setting, for example compounded drugs focused on topical creams for pain management. The session will cover the practical use of treatment guidelines and other tools to see that necessary treatment is provided, while avoiding excessive or clinically inappropriate services. We will examine the use of outcome predictors to prevent medical practitioners from performing unnecessary and counterproductive treatments and surgeries. The discussion will focus on the various options for effectively using these predictors in litigated claims, thereby sparing the injured worker from the potential harm caused by such treatments and avoiding the unnecessary and often substantial expense.
Transportation - There's Something about Owner-Operators 3:25 PM -4:25 PM
Engles, Ketcham, Olson & Keith, P.C. Room.
The classification of owner operators as independent contractors of the motor carriers that dispatch them, is central to the business model of many trucking companies around the country. That model is now under siege. The Department of Labor recently issued a policy statement that declares most workers should be considered employees, and various think tanks and politically active entities have focused attention on the trucking industry as one in which misrepresentation is rife. Case law on the topic continues to be mixed and some companies have attempted to address the problem by moving from one state to another. We will look at the situation from various perspectives and in various contexts.
Insurance Coverage - Reservations about Reservations 3:25 PM -4:25 PM
Alan Gray Room.
In a majority of states, a reservation of rights can cost the carrier the right to appoint panel counsel and thereby control the defense, often leading to problems with case evaluation, quality of representation, reporting, and increased expenses. This interactive discussion will focus on the factors that should be considered before issuing a reservation, what strategic decisions the insured and insurer should consider if a reservation is issued, and throughout the entire process, defining the role of defense counsel and the ethical issues they must confront all along the way.
E-Discovery & ESI - Reduce Cost and Risk During Discovery 3:25 PM -4:25 PM
ABI Room.
With discovery being the most expensive and riskiest stage of any litigation, learning how to effectively manage the process can help control costs and reduce potential risk. The amount of data in question in today’s litigation can be overwhelming, and ensuring all data is properly collected and reviewed can be daunting. Don’t fear, we are here to discuss defensible processes for collecting and managing data, vendor and law firm selection, and procedures claim resolution professionals can implement with outside counsel for a consistent result.
Committee Meetings 4:35 PM -5:35 PM
Hilton Orlando Bonnet Creek.
Everyone welcome – you do not need to be a current committee member to attend.
Alternative Dispute Resolution Committee Meeting 4:35 PM -5:35 PM
Authentic 4D Room.
Audit Committee Meeting 4:35 PM -5:35 PM
Beekman Room.
Cyber Liability Committee Meeting 4:35 PM -5:35 PM
CSC Room.
eDiscovery and ESI Committee Meeting 4:35 PM -5:35 PM
Fulton Room.
Environmental and Toxic Tort Committee Meeting 4:35 PM -5:35 PM
Engles, Ketcham, Olson & Keith, P.C. Room.
Extra-Contractual Committee Meeting 4:35 PM -5:35 PM
Esquire Room.
Insurance Coverage Committee Meeting 4:35 PM -5:35 PM
Vesey Room.
Insurance Fraud Committee Meeting 4:35 PM -5:35 PM
Liberty Room.
Medical Legal Committee Meeting 4:35 PM -5:35 PM
Exponent Room.
Municipal Law Committee Meeting 4:35 PM -5:35 PM
Kalbaugh Pfund & Messersmith Room.
Product Liability Committee Meeting 4:35 PM -5:35 PM
Carnegie Room.
Professional Liability Committee Meeting 4:35 PM -5:35 PM
ABI Room.
Property Committee Meeting 4:35 PM -5:35 PM
Conrad Room.
Subrogation Committee Meeting 4:35 PM -5:35 PM
Stuart, Maue, Mitchell & James, Ltd. Room.
Transportation Committee Meeting 4:35 PM -5:35 PM
Troutman Sanders LLP Room.
Workers' Compensation Committee Meeting 4:35 PM -5:35 PM
United States Health and Environmental Liability Management, LLC Room.
Religious & Non-Profit Committee Meeting 4:35 PM -5:35 PM
Your House Counsel Room.
Employment Practices Liability 4:35 PM -5:35 PM
Epiq Systems Inc. Room.
Reception & Dinner - Throwback Thursday - 80s Party! 6:00 PM -10:00 PM
Signature Island.
Break out your favorite parachute pants and members only jackets – reception, dinner and live entertainment! (included in the registration fee)
Breakfast 7:30 AM -8:30 AM
Stockwell Harris Ballroom.
PREMIER PANEL 2 - The Future is Now: Top CCOs Discuss Claim Resolution Trends and Expectations 8:30 AM -10:00 AM
Stockwell Harris Ballroom.
Join us for an engaging session with Chief Claims Officers as we dive into the present and future of claims management and resolution. These top industry leaders will offer their candid thoughts on the state of claims management, trends in claims resolution, strategies for improving claims handling to obtain optimal results while reducing legal spend, and the rising impact of data analytics, alternative fee agreements and other litigation tools. This panel will provide the blueprint for those involved in all aspects of claims resolution.
Break 10:00 AM -10:25 AM
Ballroom Foyer.
SESSION 5 10:25 AM -11:30 AM
Hilton Orlando Bonnet Creek.
Claims Management - Trip, Fall and Fly Me To The Moon 10:25 AM -11:30 AM
Esquire Room.
Sharpen your claims resolution skills in this interactive session. Participants in will learn the facts of a slip and fall accident with a serious injury. Evidence needs to be preserved, statements taken, photographs and video. Claim resolution professionals must think on their feet and prepare for the inevitable claim to follow.
Claims Management - No Comment? Strategies for Protecting Corporate Identity Before and After a Catastrophic Event 10:25 AM -11:30 AM
Chronovo Room.
Using the backdrop of three hypothetical catastrophic events, we will explore what a company can do to prepare and react to such an event to protect the company from financial and reputation losses. The roundtable will discuss how to deal with the media to get the right positive message to the public, methods to improve the chances of preventing the event from reoccurring, and maintaining trust. They will also discuss communications with employees about the crisis' effect on their jobs.
Extra-Contractual - It's Our Turn! 10:25 AM -11:30 AM
CSC Room.
This roundtable will focus on recent trends by carriers to hold their insureds accountable and present the defense of a claim as a team. Concepts discussed will include whether the law and/or the insurance policy itself require that the insured owes the carrier a duty to act in good faith, and If the insured fails to do so, resulting in the interference with the handling of the claim, then the carrier is legally entitled to damages. The session will examine how different jurisdictions have addressed this potential cause of action and whether the trends suggest that it will pick up momentum going forward.
Insurance Coverage - FAQs about AOBs and H20 10:25 AM -11:30 AM
National Commercial Services Room.
This roundtable will offer perspectives on the exponential growth of assignment of benefit property claims, which arise most often in the context of wind, hail, and water damage. The group will draw on their diverse backgrounds to offer strategies for managing these challenging claims from initial intake through efficient resolution. In an interactive format, the group will discuss common assignment of benefit scenarios in various states, the prevention of fraud, effective enterprise-wide approaches, and emerging law as it relates to the rights of insured and assignees.
Insurance Fraud - Faces of Fraud and Theft: Effects on Transportation and Insurance 10:25 AM -11:30 AM
Authentic 4D Room.
While fraud and theft have been around forever, the fast pace of technology has added new challenges. The good guys have historically played catch up and with the rapidly changing times in this social and technological era, the industry needs to keep abreast of the different faces of fraud and theft. In order to take appropriate measures to solve and guard against becoming victims, we need to collectively have the ability to first recognize and understand the problems. This session will address and discuss from the legal, insurance, investigative, and law enforcement aspects the current trends, their negative effects if ignored, and the preparation / education needed to effectively combat them.
Litigation Management - Robots, Artificial Intelligence, Neural Networks, Stars: Managing Risk in 2025 10:25 AM -11:30 AM
Kalbaugh Pfund & Messersmith Room.
Get ready to be amazed by the future of risk management! This session brings to us some of the most compelling and sophisticated technologies of today which will most likely be essential tools for the Risk Manager of 2025. Through role-play, this session will lay out business problems for the future risk manager and show how technology will assist with solutions.
Litigation Management - Staff, Panel or Alternative Fee Arrangements 10:25 AM -11:30 AM
Your House Counsel Room.
There are many tools to consider when implementing a litigation management plan for your company especially if the focus is effective cost containment. One of the most significant issues is controlling legal and indemnity cost. This roundtable will discuss the pros and cons of each tool and the decision making process that should be reviewed before reaching a conclusion.
Litigation Management - How Do You Define a Win? 10:25 AM -11:30 AM
Troutman Sanders LLP Room.
Defense counsel may define winning a case in terms of dismissals, defense verdicts, or settlements at the close of discovery. But claims managers concerned with the expense and length of litigation may have different objectives. As important as it may be to define our objectives, we often overlook this topic when cases are assigned. In this session, we will discuss differing definitions of winning from the perspectives of carriers, their policyholders and their counsel.
Litigation Management - The Business Perspective: Advancing Litigation Management 10:25 AM -11:30 AM
Skopenow Room.
The key to any effective partnership between an insurer or TPA and the insured/customer is to establish and maintain a collaborative approach in identifying and implementing strategies that best advance the customer’s litigation needs pre and post suit. In doing so, the parties should discuss emerging practices and trends that may enhance the quantitative and qualitative oversight of firms and the customer’s litigation program. The focus of this session will be an interactive look at best practices and approaches from the Risk Manager and Insurer/ TPA perspectives.
Cyber Liability - Waiting for the Other Shoe to Fall 10:25 AM -11:30 AM
DJS Associates, Inc. Room.
This session will explore the types of claims that may be anticipated in the event of a cyber-breach incident that includes loss of client information that was entrusted to the professional. We will explore the impact on professionals of evolving cyber-breach litigation issues, such as whether each plaintiff must show individual, actual damages, the application of mass tort practice to data breach litigation and the extent to which plaintiffs can successfully pigeon hole their claims into existing privacy rights law or create privacy rights that were not previously recognized. The roundtable is intended to provoke creative discussion among participants engaged in cyber liability, professional liability or anyone with confidential data on their computer systems about the claims that may be anticipated in the event of a cyber-breach event.
Workers' Compensation - Workers' Compensation Alternatives: Opting Out, Non-Subscriber and Other Options 10:25 AM -11:30 AM
Transcend Services Room.
This session will address alternatives to traditional workers' compensation and the exclusivity doctrine. A number of cases across the country have questioned these alternatives. The roundtable will address whether these options provide the competition needed to improve benefits to injured workers while balancing costs to employers. This session will explore how appropriate alternatives to workers' compensation can foster innovation and competition benefiting both injured workers and employers.
Premises Liability - Negligent Security 10:25 AM -11:30 AM
Melchiode Marks King LLC Room.
Courts are increasingly holding that store owners can be held liable for criminal acts of third persons on their property where the store owner had notice of prior criminal incidents occurring on their property. These claims can arise out of a multitude of relationships including: landlord – tenant, common carrier – passenger, rental car company – lessee, etc. What courts consider to be notice varies drastically between districts. This roundtable will focus on what constitutes foreseeability of third-party criminal acts and how to address a premise owner’s obligation to provide security.
Product Liability - New Critical Coverage Issues in Product Liability Claims 10:25 AM -11:30 AM
Case Forensics Room.
Discussion will focus on new critical areas of product liability claims, especially developments in coverage issues. Topics will include a survey of the new ISO forms applicable to product liability claims, coverage issues for high-profile products (e.g., drones/UAS, 3-D printers, and autonomous vehicles) under new and existing standard forms, frequently litigated “number of occurrences” issue, and the challenges insurers face in recovering from third parties.
Alternative Fee Arrangements - At What Cost? Current Issues Shaping Alternative Fee Arrangements 10:25 AM -11:30 AM
ClaimVets Room.
Alternative Fee Arrangements (AFAs) create certainty, but can also raise important ethical issues for carriers and law firms. This roundtable will focus on current trends in the legal industry, in addition to successful ideas that are shaping AFAs from the perspective of insurance carriers, in-house counsel and outside counsel.
Leadership - Cops, Cowgirls, Surfers, and Astronauts: The Powerful Legacy of Female Leadership 10:25 AM -11:30 AM
ABI Room.
Cultural legacies are powerful forces. They persist generation after generation and play a key role in directing attitudes and behavior. Success comes to those who have the strength and presence of mind to seize opportunities. What do a cop, cowgirl, surfer, and astronaut have in common? They have taken stock of their family legacies and life experiences and dedicated themselves to developing character traits that have empowered and sustained them throughout their careers. This session will focus on leadership lessons that are timeless and universal. Women leaders in the risk management industry face the same hurdles that cops, cowgirls, surfers, and astronauts face. The same character traits that have served these women well will also serve women leaders today to navigate corporate culture and fulfill their career potential.
Technology - Autonomous Vehicles and Their Impact on the Insurance Industry 10:25 AM -11:30 AM
Alan Gray Room.
California has already licensed automated cars that have been involved in at least 11 accidents. Nevada has issued a license for an automated tractor trailer that promises to revolutionize the trucking industry. Warren Buffet has investigated whether automated vehicles would lead him to sell Berkshire Hathaway’s stake in Geico. The prospect of automated vehicles will have a massive impact on the insurance industry. This session will call upon the expertise of individuals in the automobile, insurance, and legal professions to explore the potential impact of automated vehicles on the insurance industry.
Social Events 12:30 PM -5:00 PM
Buses depart Convention Center.
Disney’s Keys to the Kingdom 12:30 PM -5:00 PM
Meet in Bonnet Creek Salon I.
Disney's Keys to the Kingdom Tour highlights the fascinating history of Walt Disney World Resort and provides backstage access to secret areas of Magic Kingdom Theme Park. This approximately 3-hour walking tour explores the stories behind the remarkable creation and growth of Magic Kingdom Theme Park. Hear the intriguing story of Walt Disney and learn how his innovative ideas, revolutionary visions, creative philosophies and amazing accomplishments brought the Theme Park to life. The journey includes stops at backstage facilities and a variety of favorite attractions.
One unforgettable highlight is a trip below Magic Kingdom Theme Park into the service tunnels known as the Utilidors. This is one urban legend that is absolutely, and almost unbelievably, true—the Guest accessible areas of Magic Kingdom Theme Park are actually on the second floor of a massive structure. The first floor—called the Utilidors—allows Cast Members, deliveries and even trash to be unknowingly transported below Guests' feet as they wait in line for their favorite attraction.
Lunch is not included.
No one under 16 permitted.
Kennedy Space Center 12:30 PM -4:30 PM
Meet in Bonnet Creek Salon I.
Worlds apart from Orlando’s theme parks, but just a short drive away, Kennedy Space Center is NASA’s launch headquarters. Each year, millions of visitors make the trek to this hub of technology and discovery where many of mankind’s greatest accomplishments take place. Tour NASA’s launch and landing facilities, experience live shows and jaw-dropping encounters with massive rockets as well as have the opportunity to meet a real member of NASA’s Astronaut Corps. It’s all what you can expect during an inspiring day at Kennedy Space Center.
There is much to see and do at the Visitor Complex, from live action theatrical shows to an educational Astronaut Encounter briefing. View 10-story high rockets from all eras of space exploration in the Rocket Garden, walk through a full-size Space Shuttle mock-up, enjoy IMAX Theater space films on gigantic five-story screens and see an actual Gemini program capsule on display. Shopping and food concessions are also available here for your enjoyment.
Lunch is not included.
Kayaking – A Guided Voyage of Discovery on the Indian River 1:00 PM -5:00 PM
Meet in Bonnet Creek Salon I.
This tour actually begins en-route to the launch site, as “certified” Eco-Guide narrate the significance of this endangered backwater estuary, a wilderness waterway used by the indigenous Timucuan Indians during their winter hunting. The river is considered a sanctuary for the endangered West Indian Manatees, Bottled-Nose Dolphins, Florida Alligators, American Bald Eagles, Roseate Spoonbills, & Wood Storks; the list of birds & wildlife is huge. Guests take an easy paddle along the shore line of this protected, calm, inland water way from Manatee Cove to the estuary’s wild, uninhabited barrier island. Here we stop for an easy guided nature walk, paddling rest, and stretch before heading back. This is a wonderful adventure & educational experience for all to enjoy.
Lunch is not included.
Backstage Safari at Disney’s Animal Kingdom 1:00 PM -5:00 PM
Meet in Bonnet Creek Salon I.
Take a journey to find out what happens behind-the-scenes at Walt Disney World’s Animal Kingdom! During this in-depth program, your guests get an insider’s look at conservation, animal nutrition and medicine, animal care, and behavioral studies. Highlights include visits to a backstage animal housing area, the Animal Nutrition Center, the Veterinary Hospital, and a special ride on Kilimanjaro Safaris. The majority of this program takes place behind-the-scenes- there may be no opportunity to view animals. Please note: no photos will be allowed in behind-the-scenes area.
Kilimanjaro Safari: Climb aboard the open-air safari vehicle for an incredible journey through more than 100 acres of African savannah, forest, rivers and rocky hills where hundreds of animals roam free. Unlike any experience this side of the equator, the Kilimanjaro Safari introduces your guests to the splendor and magnificence of creatures both large and small.
Lunch is not included.
No one under 16 permitted.
CLM Golf - Shotgun Scramble
Amidst the Bonnet Creek nature preserve is Golf Magazine’s prestigious, “Top Courses You Can Play,” – The Waldorf Astoria Golf Club. Visually stunning and immensely playable, our Par 72 golf course is enhanced by natural elements like majestic cypress trees lining the fairways and features a five-tee system to accommodate golfers of every caliber.
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Tennis Event at The Grand Cypress Tennis and Racquet Club
Sharpen your swing on the very same courts where Grand Slam Champions - including Jimmy Connors, Andre Agassi, Boris Becker and Martina Navratilova - have played. Ranked as a Top 50 Best Tennis Resort Worldwide, The Grand Cypress Tennis and Racquet Club is your chance to enjoy world-class tennis facilities, in a luxurious resort setting.
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Community Service - Second Harvest Food Bank
Second Harvest Food Bank of Central Florida is a private, nonprofit organization that collects, stores and distributes donated food to more than 550 feeding partners in six Central Florida counties.
Back to topCommunity Service - A Gift For Teaching
Works to improves public education by providing resources and surplus materials free to teachers for their students in need.
Back to topCommunity Service - Clean the World
Receives soap and hygiene products from area hotels and recycles it to give to developing countries where clean hands save lives.
Back to topCommunity Service - Community Food and Outreach Center
Center to help struggling families lift themselves out of poverty. Includes a cost-share grocery store, employment center, and clothing closet.
Back to topCommunity Service - GreenUp Orlando
GreenUp Orlando program was created in 1985 to increase the City’s available tree canopy and to improve the appearance of our community.
Back to topCommunity Service - Mustard Seed
Furniture and clothing bank for economically distressed families – the only center of its kind in Central Florida.
Back to topSpa Day (Guest Option also available)
Start the Annual Conference off right with a pre-Conference spa treatment. Specific spa services and times will be arranged later and paid directly to the Spa after treatment.
Guest option for Spa Day is also available from the Guest Only Event options towards the end of the registration process.
Women's Networking
Join other women in the industry for an hour of fun networking.
Back to topDiversity and Inclusion Open House - "Implicit Bias: Is Your Decision Making Ethical?"
Opening Session & Keynote
Join us as we kick off the Annual Conference with the announcement of the winners of the 2015 CLM Professionals of the Year Awards followed by Keynote speaker Peter Bergen, CNN National Security Analyst.
Back to topWelcome Dinner - Around the World in 180 Minutes
Network with other attendees at the Welcome Dinner and journey around the globe through Cuisine, Good Company and Interesting Cocktails! Touches of the different destinations accent food stations and come to life through activities and performances. (included in the registration fee)
Back to topPREMIER PANEL 1 - From the Top: CEOs’ Industry Perspectives
- Speakers:
Elizabeth Haar, AF Group
Jerry Hamilton, Hamilton, Miller & Birthisel LLP
Thomas Motamed, CNA Financial Corporation_11137
Jane Tutoki, Sedgwick Board
Richard Whitt, Markel Service, Incorporated
Insurance company CEOs join us for a dynamic panel session. The CEOs will share their industry insights and the impact those will have on the claims and litigation management fronts. No topic is off limits as this panel delves into industry innovations, trends and challenges.
Back to topSESSION 1 - Alternative Dispute Resolution - Ethical Considerations of Mediation
- Speakers:
Joan E. Cochran, Cochran Davis & Associates, P.C.
Steven DiSiervi, Abrams, Gorelick, Friedman & Jacobson, LLP
Amanda Gann, Good2Go Auto Insurance
Allen Hurkin-Torres, JAMS
Michele Newman, Hamlin & Burton Liability Management, Inc.
Discuss a practical approach to difficult mediations through role play. The panel will also discuss ethical issues, such as full disclosure, limits of confidentiality and expectations of procedural fairness. The group will also explore creative solutions to impasse caused by difficult parties and large numbers of participants.
Back to topSESSION 1 - Claims Management - Is There A Hole In My International Shoe?
- Speakers:
Kay Baxter, Foley & Mansfield, PLLP
Jeanine Clark, Margolis Edelstein
Chris Reilly, North American Risk Services NARS
David Zehner, Zehner Trial Consulting
This is an interactive discussion focusing upon the United States Supreme Court's decision in Daimler AG v Bauman, 134 S.Ct. 746 (2014), and its potential reshaping of personal jurisdiction. This case affects litigation involving foreign parties, corporations, or litigation with international elements.
Back to topSESSION 1 - Claims Management - New Medicare Contractor Changes Compliance Landscape
- Speakers:
Tara Acton, CenturyLink
Cliff Connor, Gallagher Bassett Services, Inc.
Katie Fox, Franco Signor, LLC
Monika McDonnell Boswein, Acuity Insurance
Starting Oct 1, 2015, the Commercial Repayment Center (CRC) began processing conditional payments in conjunction with the Benefits Coordination & Recovery Center (BCRC). Learn the distinction of which contractor will handle your conditional payment claim and why. Information will be provided on the background of the CRC, how it is compensated, and what other activities they conduct on behalf of Medicare that could lead to further enhancements to the services being provided to CMS. Find out the reason for increase use by CMS of Conditional Payment Notices (CPNs), and how they are different from Conditional Payment Letters (CPLs) and more importantly, whether a settlement, judgment or award is determinative of responsibility to pay.
Back to topSESSION 1 - Claims Management - Settlement Funds and Investment Risk
- Speakers:
Debra Levy, Sedgwick
Marques Torbert, Ametros Financial Corporation
Bill Wakelee, Chronovo
Richard Woollams, Self Employed
Discuss the behavior science behind why claimants make decisions to settle or try a case. Discussions will include why injured plaintiffs are really unique investors who cannot afford any risk with their settlement funds. Various elements of market volatility and risk will be discussed, as well as other preferred methods for negotiating cases with structured settlements, special needs trusts, and life insurance. Learn the latest negotiation techniques using these products and services to increase claim savings and outcomes.
Back to topSESSION 1 - Construction - How to Best Wrap Up Construction Claims in the 21st Century
- Speakers:
Michael Daoussis, Wells Fargo Insurance Services
Fred Perez, McLarens Global Claims Services
Linda Pretzel-Roberts, RiverStone Resources LLC
Brenda Radmacher, Gordon & Rees LLP
Construction defect and construction product claims present complex challenges in the claims and litigation process. The implementation of Owner Controlled Insurance Programs (OCIPs) by the insurance industry was an attempt to streamline and manage these claims. However, OCIPs present various challenges in both the legal and claims handling mechanisms. This program will cover practical tips on how OCIPs can be best administered to maximize their utility and efficiency in resolving claims.
Back to topSESSION 1 - Diversity & Inclusion - M2: Motivating Millennials and B3: Brindling the Baby Boomers
- Speakers:
Amy Cooper, Insure National Staffing
Hedy Linette Ranieri, Berkley Life Sciences
Richard Ranieri, Weber Gallagher Simpson Stapleton Fires & Newby LLP
Do you see the older generation as workaholics who are never satisfied? Do you see the younger generation as unmotivated and undedicated to their jobs? This session will address the differences between millennials and baby boomers in their approach to and attitudes about work. It will also explore the ways in which the two groups can better understand and respect each other and grow healthy work relationships .
Back to topSESSION 1 - Environmental & Toxic Tort - Identifying, Avoiding, Mitigating, and Insuring Environmental Risk in Construction
- Speakers:
William "Chip" D'Angelo, Gallagher Bassett Services, Inc.
Anthony Polini, Allied World Assurance Company, Ltd.
Tracy Alan Saxe, Saxe Doernberger & Vita, P.C.
Max West, Aon
Environmental claims, litigation, and operational issues have been plaguing real estate and development projects for years, resulting in delays, cost overruns, and third-party exposures. Many properties built in the late 1960s and 70s are now obsolete and the resultant renovation or demolition is uncovering hazardous materials and environmental challenges. New materials not addressed in the 80s and 90s are now being regulated. This session will explore how these issues can be identified and properly addressed. We will discuss the insurance policies available to cover environmental risks and how to maximize insurance recovery, explain how the risks can be mitigated and claims avoided, and describe steps that can be taken in preparing and defending an environmental claim or litigation, if one arises.
Back to topSESSION 1 - Environmental & Toxic Tort - Know Your Poop: Category 3 Black Water Claims
- Speakers:
Tamara Ashjian, NAS Insurance
Tracey Dodd, J.S. Held
Richard E. King, Melchiode Marks King LLC
Stephen Truono, NFI Industries
While mold claims and litigation exploded well over a decade ago, and policy exclusions for fungi and bacteria are now common, claims and litigation associated with the presence of Category 3 Black Water, have increased exponentially, to the point that there are more claims for Category 3 Black Water than mold. Failure to address these claims head on can potentially result in litigation regarding bad faith, the incorrect application of sub-limits or failure to exclude coverage resulting in significant costs to remediate. This roundtable will discuss the definition of all types of water damage, environmental testing necessary to support these claims, as well as provide litigation case studies where these claims have arisen.
Back to topSESSION 1 - Ethics - Mix It Up: Counsel's Ethical Obligations and Fair Claims Handling
- Speakers:
Jill Daly, Tokio Marine HCC
Haralyn Isaac, Great American Insurance Group
Steve Lokus, Navigators, A Brand of The Hartford
Patrick Mendes, Tyson & Mendes LLP
Howard Passin, Lockton Companies, LLC
Separate professional and commercial line claims will provide the backdrop for this discussion of the practical considerations involved in handling “mixed” claims. The two case studies will highlight considerations associated with an insured’s right to independent counsel, counsel’s reporting obligations to both insured and insurer, and the tension that can develop in satisfying counsel’s duties to each. Both counsel’s ethical obligations and fair claims handling practices will be emphasized.
Back to topSESSION 1 - Extra-Contractual - What Is The Meaning of Bad Faith?
- Speakers:
David Cutter, Clyde & Co
Adam Doherty, Allied World Assurance Company, Ltd.
Megan Scully, Berkshire Hathaway Specialty Insurance
In this litigious age, insureds often allege bad faith for strategic purposes when their insurance claim does not go exactly how they would like. However, even when an insurance company does everything right in handling a claim, seemingly innocuous aspects of claim handling can create risk factors for potential bad faith exposure. In this interactive session, we will look at the critical moments in the life of a claim and analyze the potential bad faith exposures that can result. We will define the meaning of bad faith, and then discuss how conflicts of interest, lack of objectivity in handling claims, claim file documentation issues, and over-delegation can be used by insureds to advance a bad faith claim.
Back to topSESSION 1 - Insurance Coverage - Managing Difficult Excess Insurance Claims
- Speakers:
Clarence Lee, Saul Ewing Arnstein & Lehr LLP
Heidi McCormick, Ironshore Insurance Company
Cheryl Renfer, Ironshore Insurance Company
Excess insurance claims present unique and challenging coverage issues for claim resolution professionals. This roundtable will discuss both practical and specific considerations for excess insurance claims, including excess insurance contract interpretation and follow-form policy interpretation. The session will also address the duties of underlying insurers to excess carriers and the potential challenges and conflicts that may arise between the primary and excess carriers when handling and/or settling a claim that may that often arise when the excess policy is potentially implicated.
Back to topSESSION 1 - Insurance Fraud - Fraud: An Unruly Predator of Epidemic Proportions
- Speakers:
Mark Dolin, Kopka Pinkus Dolin
Courtney Flanagan, Farm Bureau Insurance of Michigan
Luis Flores, Crane Engineering
This session will focus on the exponentially growing global concerns surrounding fraud claims that insurers and corporations alike are facing on a daily basis. Through a detailed factual presentation of three real life case studies, this group will promote extensive discussions and collaborations designed to not only outline the problem but also to pinpoint precise and successful measures to counteract this epidemic.
Back to topSESSION 1 - Litigation Management - Litigation Management: Process Mapping and Project Management Strategies
- Speakers:
Hans Bengard, Onit, Inc.
Heather Connor, McAngus Goudelock & Courie, LLC (MGC)
Taylor Smith, Suite 200 Solutions
Daniel Winkler, Westfield
This session will discuss the benefits to the insured, insurer and counsel in the use of process mapping and project management. We will discuss how to devise a road map to lead to more meaningful and cost effective handling of claims. This discussion will focus not only on the insurer implementing these strategies in its day to day operations but counsel as well. We will focus on a logical flow for handling claims that is consistent and that strives to acheive the desired outcome in the most efficient manner.
Back to topSESSION 1 - Litigation Management - Using Obamacare to Reduce Damages in Your Personal Injury Case
- Speakers:
Thomas Dawson, TD&P Consulting
Stephanie Holzback, AIG
Douglas Horelick, Clyde & Co
Carmella Limongelli, Ringler
Richard Montes, Mauro Lilling Naparty
The Affordable Care Act, more commonly known as “Obamacare,” can effectively be used in personal injury cases to reduce damage exposure. Whether “Obamacare” is treated as a collateral source, or instead is considered on the issue of the reasonable cost of care, it is a weapon that defendants have in their arsenal, and should be deployed in appropriate circumstances.
Back to topSESSION 1 - Product Liability - Machinery & Equipment Failures & Analysis
- Speakers:
Trevor Arnold, McLarens Global Claims Services
Chelsea Pyasetskyy, The Thenell Law Group
Shawn Ray, J.S. Held
Brian Yarbrough, Hartford Steam Boiler Inspection & Insurance Company
This session will explore failure modes and root causes of equipment, machinery, vehicles and mechanical systems. The failure of a system or component can manifest in many different ways but ultimately a human somewhere was involved. A theory will be proposed that every failure happens because someone somewhere has done something wrong or failed to do what was necessary. The validity of the theory shall be debated.
Back to topSESSION 1 - Professional Liability - Early Resolution Strategies for Employment Practices Litigation
- Speakers:
Kevin Fisher, Allied World Assurance Company, Ltd.
Amy Fredericks, Self Employed
Crystal Ivy, AmTrust Group
Michael Saucier, Libby, O'Brien, Kingsley & Champion LLC
Stefani Schwartz, Weiner Law Group LLP
Patrick White, Kershaw White
With increasing pressure for early and efficient resolution, this session will examine creative approaches and techniques for successful outcomes in high exposure Employment Practices Litigation (EPL) claims. The interactive session will explore practical steps to manage litigation risks and lower expenses to ensure that high exposure employment claims are resolved in the most efficient manner.
Back to topSESSION 1 - Professional Liability - The New Frontier: Liability and Coverage Issues Facing 21st Century Design Professionals
- Speakers:
Melanie Brown, Munich RE America
Janet R. Davis, Cozen O’Connor
Donna Hunt, Ironshore Insurance Company
Laurie Randolph, Hinshaw & Culbertson LLP
Like most professionals, the roles and exposures of design professionals continue to morph and change. Design/Build projects led by the builder rather than the designer are becoming the norm rather than the exception. Claims professionals and counsel experienced in defending design professionals and evaluating coverage will discuss the impact on project discussions, E&O coverage and other developing topics related to architects and engineers.
Back to topSESSION 1 - Risk Management - Stratified General Liability Claims: Fast Tracking and Other Techniques
- Speakers:
Rich Lenkov, Bryce Downey & Lenkov LLC
Michelle Middendorf, Stanley Steemer International, Inc.
Joe Skinger, CorVel Cost Containment
Eric Spalsbury, Stanley Steemer International, Inc.
The session will specifically focus on the cost effective and timely settlement of property damage events using a management approach case study and discussion centered on efficient handling of general liability claims. The session will emphasize coordination of service partners to this end.
Back to topSESSION 1 - Risk Management - Working with Industry: View from the Commissioner’s Office
- Speakers:
Jim Donelon, Louisiana Department of Insurance
Fred Karlinsky, Greenberg Traurig LLP
Mike Kreidler, Washington State Office of Insurance Commissioner
Jim Ridling, Alabama Department of Insurance
A panel of insurance commissioners will discuss some of the major issues facing the insurance industry today. Topics include international and federal influences, cybersecurity, price optimization, and other emerging developments. The commissioners will offer their views on how to address the challenges posed by these emerging issues, and share their thoughts on how regulators and industry can cooperate to achieve the optimum outcome for all stakeholders.
Back to topSESSION 1 - Subrogation - Maximizing Production Through Questionable Claim Handling
- Speakers:
Mercedes Betanco, Wawanesa General Insurance Company
Natalie Mansour-White, National Commercial Services
Kevin Price, Mokri Vanis & Jones LLP
Most internal departments are not large enough to handle the volume of UM, small balance, denial, stall and complex claims that require added time and expertise. The world of subrogation is a balancing act, with many competing interests that insurers need to consider. Internal productivity increases when Firm’s outsource questionable claims and do not have employee’s work time consuming unprofitable accounts. This session will provide tips on how to overcome denial and stalling tactics to increase internal collections. We will also target which claims to outsource including where and when to place them along with selecting agencies and/or law firms to their recovery strategy.
Back to topSESSION 1 - Technology - Event Data to Autonomous Vehicle Technologies - Where Are We Going?
- Speakers:
Steve Garner, Westfield
Gregory Hirtzel, Fowler Hirtzel McNulty & Spaulding, LLP
Steven Schorr, DJS Associates, Inc.
From Active Park Assist to driverless cars, the spectrum of potential technological advances coming to an automobile near you range from the seemingly benign to yesterday’s science fiction. Those working in insurance claims and litigation will need to understand these upcoming advanced vehicle systems in order to anticipate their potential impacts and evaluate them within the context of their responsibilities.
Back to topSESSION 1 - Technology - The Internet of Things: Where the Cyber Meets the Physical
- Speakers:
Brian Bornstein, AIG
Bob Bowman, The Wendy's Company
Bruce Raymond, Raymond Law Group LLC
Howard Shafer, Shafer Partners, LLP
The world is still getting its head around cyber threats – with companies scrambling to protect their data and implement damage control when it is lost. With the Internet of Things (IoT) and the number of internet connected devices multiplying exponentially, the potential impact is no longer simply on data but has begun to impact the physical. The President’s National Security Telecommunications Advisor Committee found that compromise or malfunction of IoT devices could have National Security and Emergency Preparedness implications. IoT connected hardware, utilities and even vehicles are now vulnerable. Join us as we discuss the liability implications and how the claims we are handling today could be impacted by The Internet of Things.
Back to topSESSION 2 - Alternative Dispute Resolution - Mediation: Behind Closed Doors
- Speakers:
Kay Anderson, Gallagher Bassett Services, Inc.
Bradley Hansmann, Brown & James, P.C.
Joshua LeHew, Sentry Insurance A Mutual Company
Lisa Rolle, Traub Lieberman Straus & Shrewsberry LLP
Dive into a discussion about the interaction of the mediator with counsel and parties. Discuss the emotions of the mediation process, with a focus on the emotions and issues that take place behind closed doors in the plaintiff's room.
Back to topSESSION 2 - Claims Management - Are You Ready for Some Football (Litigation)!?
- Speakers:
Lance Albright, QBE
Robert J. Barth, Barth NeuroScience
Christopher Fusco, Callahan & Fusco, LLC.
Laura Zehner, Zehner Trial Consulting
Concussion litigation is a major issue in the news. A new Will Smith movie appropriately entitled Concussion premiered in December 2015. This session will discuss recent trends in concussion litigation facing public entities and their insurers. We will also cover the growing issues around Right to Play laws and the methods sports leagues and municipalities can protect themselves from suit. In addition, we will examine underwriting concerns relating to concussions issues and risks. We will also discuss juror views relating to high contact sports and those who participate in activities where injury is a certainty. Finally, we will look at the medicine behind concussion diagnosis, testing and prevention.
Back to topSESSION 2 - Claims Management - Navigating the Waters of Large SIRs and Deductibles
- Speakers:
Nick Alvarez, McLarens Global Claims Services
Daniel Bean, AvalonBay Communties, Inc
Traci Gill, Markel Service, Incorporated
Traci Lagasse, Andrews Lagasse Branch & Bell LLP
Kenan Loomis, Cozen O’Connor
Companies often obtain policies with large self-insured retentions (SIR) or deductibles, to defray the cost of insurance or keep control of claims. Many issues can arise within the SIR/deductible that require careful analysis and navigation for our clients and carriers. Our roundtable will educate the audience on the statutory and case law relevant to determining the duty to defend and indemnify when the client/insured cannot satisfy the SIR/deductible, and will provide strategies in navigating the common issues.
Back to topSESSION 2 - Claims Management - Preventing an Event from Becoming a Crisis
- Speakers:
Robert Alpert, ICALM Group
Thomas Best, Home Depot U.S.A., Inc.
Elizabeth Ganiere, McDermott
John MacNaughton, Morris, Manning & Martin, LLP
Utilizing recent real world examples and years of crisis response experience, examples and the methodologies will be employed to demonstrate how to respond to a crisis to protect the corporate image and product or service integrity. The session will also discuss how to substantially reduce the cost and expenses of resolving the aftermath favorably by controlling claims and efficiently managing litigation.
Back to topSESSION 2 - Construction - Mediating, Arbitrating and Litigating Construction Claims
- Speakers:
Carrie L. Ciliberto, Home Builders Association of Greater Austin
Francine Giugno, Carter Law Group, LLC
Barbara Laskaris-Lorigan, Golden State Claims Adjusters
David M. O'Connor, O'Connor & Associates, LLC
Lee Wright, Tokio Marine HCC
As litigation costs are increasing, parties are looking at alternative dispute resolution. However, deciding whether mediation, arbitration or litigation is the most advantageous way to resolve a potential or pending dispute is not as straightforward as it may initially seem. This session will discuss evaluating a construction claim to determine whether to mediate, arbitrate or litigate a claim including the various arbitration and mediation clauses in construction contracts. We will also discuss effective advocacy of a construction claim in mediation, arbitration and litigation.
Back to topSESSION 2 - Cyber Liability - The Experts Speak: Cyber and Data Privacy Risk
- Speakers:
Joe DePaul, Willis Towers Watson
Elissa Doroff, National Financial Partners Corp.
Cathleen Rebar, Rebar Kelly
Brian Robb, CNA Insurance
Zach Scheublein, Aon
This session will focus on expert analysis of cyber and data privacy risk and how the insurance industry and outside counsel work together to assist insureds in mitigating the inevitable. The panel will discuss underwriting concerns, risk assessment, insurance coverage, event response and litigation of cyber claims.
Back to topSESSION 2 - Cyber Liability - The Fallout of the Ashley Madison Attack
- Speakers:
Mitchell Ayes, Callahan & Fusco, LLC.
Teresa Milano, Woodruff Sawyer
Jessica Thomas, Hand Arendall LLC
Jennifer Wojciechowski, Community Association Underwriters of America, Inc.
Explore the issues from the data breach on the infamous Ashley Madison website and discuss whether Ashley Madison can be held liable for various injuries that occurred to its customers in the aftermath of a cyber attack. We will also explore various employment, cyber security, and privacy related aspects of the breach, and discuss potential shareholder actions deriving from the scandal.
Back to topSESSION 2 - Diversity & Inclusion - Getting Women into the First Chair
- Speakers:
Rima Ghandour, Ghandour Law
Karen Kalzer, Helsell Fetterman LLP
Mary Parme, Gallagher Bassett Services, Inc.
Erin Weatherspoon, Nationwide Insurance Company
A recent ABA study on Women in the Profession reported that men appear as lead counsel in 76% percent of those civil litigation cases that identify a lead counsel. The disparity is even greater in representation by firms in the AmLaw 200 and Small Private Firm categories. This roundtable seeks to discuss and brainstorm the ideas and steps to improve such statistics. While not denying their existence, the group seeks to focus on concrete positive steps for individual success rather than discuss issues of social factors and bias. We will discuss perspectives on what the industry values in selecting lead and trial counsel and how female attorneys can demonstrate thpse industry competencies and values.
Back to topSESSION 2 - Environmental & Toxic Tort - A New Smoking Gun in Civil Litigation
- Speakers:
Tracey Dodd, J.S. Held
Adena Edwards, Starr Adjustment Services, Inc.
Christopher Hillsley, McGivney, Kluger, Clark & Intoccia, P.C.
Jared Shafer, Maron Marvel Bradley Anderson & Tardy, LLC
Even more reliable than eye witness testimony and surveillance video, genetic testing and DNA analysis can outright disprove a plaintiff's theory or possibly be a basis for a strong defense. The session will address types of litigation employing these techniques, information that can be harvested, court approval, expert analysis/cost and drawbacks. A case study will presented regarding the recent use of genetic testing performed in a case where the decedent was allegedly exposed to benzene in the course of his employment.
Back to topSESSION 2 - Environmental & Toxic Tort - What Is That Stuff in My Well?
- Speakers:
Joann Dickinson, Resolute Management Inc.
Rudy Perrino, Self Employed
Bryan Stringer, Rimkus Consulting Group, Inc.
We have all seen the claims of contamination of drinking water wells and other waters, such as agricultural water, by production water and drilling wastes created by the drilling of oil wells and hydraulic fracturing or fracking. This session will discuss what is required to defend against such a claim from both a legal and a scientific perspective, as well as what goes into valuing such a claim from an insurance perspective.
Back to topSESSION 2 - Extra-Contractual - The New Trend in Bad Faith Litigation
- Speakers:
Joseph Cowan, Hand Arendall LLC
Johan Obregon, Kerley Walsh Matera & Cinquemani PC
Sean Reidy, State Farm
Randall West, AmRisc Group
In the last year, insurers have seen a rising number of first party lawsuits from non-insureds due to post-loss assignment of contractual rights to strangers to the insurance contract. As a result, insurers face potential exposure to inflated indemnity claims, extra-contractual or double indemnity damages as a result of assignments to which they did not consent. This rountable will explore the reasons behind this emerging trend, the effectiveness of the anti-assignment clause in the insuring agreement, and strategies for insurers to deal with such claims.
Back to topSESSION 2 - Insurance Coverage - New Developments in Intellectual Property, Media and Cyber Coverage Issues
This session will address recent developments in coverage for intellectual property claims, implicating personal and advertising injury (CGL), media liability, and cyber policy forms. This is a rapidly developing area of law and subject of some of the most high-profile coverage litigation in the country today. The session will start with an intermediate-level introduction to the available coverage forms and the most commonly litigated issues, and then proceed to a case-study analysis of three recent high-profile cases: Sony v. Zurich; In re NCAA Student-Athlete Name and Likeness Licensing; and Columbia Casualty v. Cottage Heath System.
Back to topSESSION 2 - Insurance Fraud - The Future of Fighting Fraud
- Speakers:
Dwight Geddes, Metro Claims & Risk Mgmt
Brett Kelley, Liberty Mutual
Charles Watkins, Kubicki Draper
This roundtable examines how identity theft/cyber security breaches affect auto and property insurance fraud cases and how current technological advances can shape and shift current laws that help in defending, investigating, and litigating fraud.
Back to topSESSION 2 - Litigation Management - Jury Selection: Your Last Line of Defense
- Speakers:
Samuel Carucci, Allied World Assurance Company, Ltd.
Anna Fron, Infinity Insurance Company
Shaun Jackson, Panda Restaurant Group
Robert Tyson, Tyson & Mendes LLP
Although often overlooked, jury selection is the final frontier for claim resolution professionals to control a claim's trajectory. While much of a claim resolution professional's trial preparation is focused on trial reporting guidelines, expert opinions, judicial profiles, trial budgets, and other important functions, the selection of a jury to decide an insured's fate is crucial to a successful outcome. In this interactive session, a multi-million dollar, catastrophic injury jury trial will set the background for an in-depth discussion of whom you want deciding the value of a large loss claim and how to frame the case from the outset to prevent a runaway jury.
Back to topSESSION 2 - Litigation Management - Excess Carrier: Friend or Foe?
- Speakers:
Joseph R. Fowler, Fowler Hirtzel McNulty & Spaulding, LLP
Lea Kapral, Acuity Insurance
Julie Oh, Airgas, Inc.
The relationship between a primary carrier, an excess carrier, the insured and counsel can become complicated and contentious. Issues such as choice of counsel, the desire of multiple parties to have their lawyer try the case and the role of monitoring counsel can become distractions to the preparation of a high exposure case. Handled differently, the various voices can blend to provide stronger representation and new perspectives to benefit the client. This group will discuss the real life pitfalls and solutions to this process, including the how, when and why to switch trial counsel, the benefit of early intervention by the excess carrier, the often complex issues of notice to the excess carrier and strategies to keep the focus on the common goal, a successful resolution for the client.
Back to topSESSION 2 - Litigation Management - Standing on Shaky Ground
- Speakers:
Christopher Hallman, TRI Pointe Group
Alan Packer, Newmeyer & Dillion
Mark Reynolds, Meritage Homes Corporation
Lisa Unger , Hallmark Financial Services
This session will examine various ownership and management structures to explore how property and claim ownership may not always overlap. We will discuss how to assess, verify, and challenge the validity and scope of a Plaintiff's assertion of standing to raise claims, and the legal, practical, and insurance implications under various insurance programs. We will also debate the cost/benefit from the perspective of the liability defendant, claims representative, insurer, as well as the impact of standing issues on the negotiation and litigation of the overall case, and discuss the advantages and disadvantages of challenging standing at the inception versus at the settlement negotiations and/or trial stage.
Back to topSESSION 2 - Municipal Law - Clearing the Smoke on Medical Marijuana in Employment
- Speakers:
Ian Clarke-Fisher, Robinson & Cole
Rachel Freedman, Sompo International Insurance
William Oberts, Tribler Orpett & Meyer, P.C.
Sarah Schmitz, Intact Insurance Specialty Solutions
At least 23 states have legalized medical marijuana. Many of these eligible patients not only hold medical marijuana cards but also full and part time jobs. This session will discuss the issues surrounding medical marijuana use and the workplace. Special attention will be directed to the similarities and differences between the laws of the states with anti-discrimination language; unique issues faced by employers in certain sectors – municipal employers, safety-sensitive positions, professionals, and employers in multiple jurisdictions; reasonable accommodations – if required and the types of accommodations; and other potential issues that arise with legalized marijuana.
Back to topSESSION 2 - Premises Liability - Out-of-Control Gun Violence
- Speakers:
Debbie Champion, Rynearson Suess Schnurbusch & Champion
David Glazer, Shafer Partners, LLP
Paula Letterman, American National Property & Casualty Company
Annissa Stanley, Metro Transit - Saint Louis
A discussion about the increase of liability for third party violence and criminal acts. With a new report of gun violence in the news on a near daily basis, companies and their insurers will be faced with third party and first party liability claims as well as regulatory actions. This session will provide a discussion of the increase in liability for third party criminal acts and the sharp increase in costs for security other preventative measures.
Back to topSESSION 2 - Product Liability - Fairy Tales or Non-Fiction: Expert Witness Testimony
- Speakers:
Julie A. Freitag, Navigators, A Brand of The Hartford
Nace Naumoski, Rebar Kelly
Chad Staller, The Center For Forensic Economic Studies
Expert Testimony is a critical component of proving and winning your case. This session will focus on how to evaluate the far-fetched expert and tools used to investigate the credibility of the witness. We will examine situations where expert witness testimony may be excluded and the reasons for exclusion, as well as overall credibility of the experts. Attorneys will learn the necessary tools to investigate the merits of the expert's opinion and methods to discover impeachable areas of the witnesses' background and qualifications. Claim resolution professionals will learn how to better gauge the value of the plaintiff's claim so decisions to defend at trial or early resolution can be made.
Back to topSESSION 2 - Professional Liability - Employment Practices Liability Insurance – Twenty Years at a Glance
- Speakers:
Mercedes Colwin, Gordon & Rees LLP
Ron Goldstein, Aon
Dianna McCarthy, Winget, Spadafora & Schwartzberg, LLP
Martin Schnabel, Nationwide Insurance Company
This session will discuss the evolution of the EPL product. We will discuss where we are going as a market segment, what is new and evolving in coverages, including what remains as uncovered exposures by certain markets. We will debate certain coverage issues and discuss other insurance products with arguably overlapping coverages. We will also discuss the pros and cons to the duty to defend or duty to indemnify alternatives and which may be appropriate based upon the client, pricing, industry segment and geographic locations. Finally we will discuss where alterative coverages/markets are available for certain types of exposures such as Wage and Hour and Punitive Damages.
Back to topSESSION 2 - Professional Liability - Expanding Frontier of Telemedicine: Clear Skies or Stormy Weather?
- Speakers:
Karin Calimano, BayCare Health Systems
Gary Leonard, Western Litigation
Angela Russell, Wilson Elser Moskowitz Edelman & Dicker LLP
The world of telemedicine is expanding at a rapid rate. The benefits of telemedicine are many and include improved access to information, provision of care not previously deliverable, improved access to services, greater convenience and increased quality control. Some of the disadvantages include a breakdown in the relationship between the health care professional and patients and a breakdown of the relationships between professionals. This session will discuss these benefits and disanvantages, as well as insurance coverage for such care, in addition to varying government regulations and confidentiality concerns along with growing concerns that protected health information systems may be breached.
Back to topSESSION 2 - Subrogation - Boom! Catastrophic Explosions: Practical Strategies for Maximizing Recoveries
- Speakers:
Brian Boardingham, AXA XL
Andrew Brooslin, FM Global
Raymond Charleston, Berkshire Hathaway Specialty Insurance
Russell Ogle, Exponent
Dean Rauchwerger, Butler Weihmuller Katz Craig LLP
Catastrophic explosions often involve extensive property damage, significant business interruption and bodily injuries. Strong leadership and solid investigation maximize recovery opportunities. This session discusses best practices for effectively investigating explosion losses, developing viable recovery theories for causation and contributory causes for failed protective systems exacerbating the explosion loss.
Back to topSESSION 3 - Alternative Dispute Resolution - Increasing the Success and Effectiveness of Mediations
- Speakers:
Robert Freedman, Freedman Law Firm
Cynthia Khin, Berkley Life Sciences
William Lindsay, Lindsay, Pickett & Postel, LLC
Lisa Unger , Hallmark Financial Services
Mediation has become the most popular ADR technique. This roundtable will dissect the mediation process, and focus on the development of techniques and strategies to increase its success and efficiencies.
Back to topSESSION 3 - Claims Management - Building Your Own A-Team!
- Speakers:
Patrick Carroll, Aon
Adam Cohen, Davids & Cohen, P.C.
Brian J. Donnelly, Cullen and Dykman, LLP
Sean Downing, Steward Health Care System, LLC
Lisa Wilson, MiddleOak
This session will focus on how even the most challenging and catastrophic cases can be effectively managed and ultimately litigated. The first step to successfully combat any catastrophic claim is to retain qualified local counsel, investigators, and experts. Attendees will leave with a practical and useful understanding of who to retain to internally control and manage information; to mitigate potential media exposure; to alert primary and excess carriers in a high exposure cases; and to mitigate damages by loss transfer.
Back to topSESSION 3 - Claims Management - Handling Traumatic Brain Injury Cases
- Speakers:
Douglas Gibson, MedPsych of Virginia
Janeen Koch, Kalbaugh Pfund & Messersmith PC
Melissa Welden, Central Mutual Insurance Company
Tracy Yaun, Amerisure Mutual Insurance Company
This session will focus on the handling, evaluation and defense of traumatic brain injury claims from the time of the loss through trial. We will address steps corporate employees can take at the time of loss to assist in the defense of such claims, the evaluation of traumatic brain injury claims by claims adjusters once the loss is reported, and the need for various experts to assist in the defense of litigated TBI claims.
Back to topSESSION 3 - Claims Management - Rapid Response Team: Controlling Exposure Risks
- Speakers:
Christine Bernstock, AECOM
James Tyrie, Wood Smith Henning & Berman LLP
William Wingertzahn, Sompo International Insurance
Know when to deploy attorneys and investigators to serious accident and fire sites to coordinate the overall investigation, gather appropriate evidence and materials, assist with the overall investigation, and control the potential exposure if a suit is commence. We will discuss how to assemble the appropriate team, when it is a good time to have a rapid deployment, and what are the issues faced with the client, the carrier, and the attorneys.
Back to topSESSION 3 - Construction - It's Not All About Faulty Workmanship
- Speakers:
La Tonya Darby, RCM&D/SISCO
Joe Duncan, Clark, May, Price, Lawley, Duncan & Paul LLC
Elaine Fresch, Selman Breitman
Phyllis Modlin, Markel Service, Incorporated
This roundtable will address managing product liability exposure in construction litigation. Although sometimes intertwined with faulty workmanship, product manufacturers, suppliers and distributors have unique exposure created by the strict liability, breach of warranty and negligent design and manufacturing claims that they face. The panel will discuss the classic battle between an installer and a product manufacturer/supplier. Defense and coverage strategies will be explored.
Back to topSESSION 3 - Construction - The Impact of the Affordable Care Act on Personal Injury Litigation
- Speakers:
Thomas Maroney, Chubb
Lee Sheridan, Ironshore Insurance Company
Darrell Whiteley, Lewis Brisbois Bisgaard & Smith, LLP
This session will discuss how to most effectively use ACA to reduce Plaintiffs claims in personal injury litigation. We will provide a plan to defend against claims for future medical costs and loss of health insurance.
Back to topSESSION 3 - Cyber Liability - Tales from the Cyber Front Line
- Speakers:
Laura Burke, Allianz Global Corporate & Specialty
Marissa Olsen, Aspen Insurance
Stuart Panensky, FisherBroyles, LLP
David Rock, Allied World Assurance Company, Ltd.
We will discuss the nature of cyber risk and hear how policyholders plan, prevent, protect and detect unauthorized access to data. We will explore the mechanics of data breach response and how different situations warrant different responses. Finally, we will explore legal issues that arise and how cyber claims are generally handled.
Back to topSESSION 3 - Environmental & Toxic Tort - Let's Talc!
- Speakers:
Katie Barker, RiverStone Resources LLC
John Felice, Hermes, Netburn, O'Connor & Spearing
David Goldman, Governo Law Firm LLC
Talc is a mineral composed of hydrated magnesium silicate. When most people hear the word talc, they think about baby powder. While this may sound harmless, one should never underestimate the creativity of the asbestos plaintiffs' bar. With so many traditional defendants filing for bankruptcy protection in the face of seemingly never-ending asbestos litigation, plaintiff attorneys have set their sights on companies that either mined, manufactured, or distributed products with asbestos-containing talc. We will discuss the science behind the allegations concerning asbestos-containing talc, the types of products potentially implicated, recent verdicts, and strategies for defending your talc client. So join us for this lively discussion and let's talc!
Back to topSESSION 3 - Extra-Contractual - Isn't Anything Sacred Anymore?
- Speakers:
Murphy Burke, Zurich North America
Jonathan M. Kuller, Self Employed
Michael LaFond, Pekin Insurance Company
Examine current trends and identify the means to maximize valid privilege claims. Distinctions between factual investigation and strategic legal analysis will be explored. Distinctions between first party and third party claims and the resultant impact on privilege will be evaluated. Examples of successful (and unsuccessful) assertions of privilege will be analyzed. The group will also examine the discovery treatment of reserves and underwriting materials.
Back to topSESSION 3 - Insurance Coverage - Complex Builder's Risk Claims
- Speakers:
Jonathan Barger, Butler Weihmuller Katz Craig LLP
Dan McLeod, Liberty International Underwriters
Amy O'Rorke, Sedgwick
Builder's risk claims are often complex, involving a variety of issues and requiring multiple areas of expertise. Managing a builder's risk claim requires an understanding of the policy, an investigation into the cause of the loss and extent of the damage, the retention of the proper experts, and an analysis of the policy coverage, exclusions and valuation provisions in light of the results of the investigation. This session will feature a hypothetical builder's risk claim, which will allow the audience to discuss, debate, and work through the issues that arise in a builder's risk claim.
Back to topSESSION 3 - Insurance Fraud - What It Takes to Catch a Fraud
- Speakers:
William Findle, Henderson Brothers
Patricia Holden, Cipriani & Werner, PC
Michael Markey, Chubb
Andy Smith, Encova Insurance
Gene A. Weisberg, GladstoneWeisberg ALC
Examine some of the costliest and creepiest insurance fraud cases over the course of the last year to discuss what classic types of insurance fraud continue to plague carriers and law enforcement alike, what types of fraud claims are trending or emerging, and the tools and techniques that were used in the detection and prosecution of these noteworthy and often notorious claims.
Back to topSESSION 3 - Litigation Management - Big Data: Big Breakthrough or Big Brother?
- Speakers:
Dion Cominos, Gordon & Rees LLP
Nicholas Conca, Markel Service, Incorporated
Laura Cornish, Lightstone
Larry Goanos, Andros Risk Services
Fiona Zhang, Advisen Ltd.
The legal services industry is presently on the cusp of incorporating macro analytics and performance statistics as both a predictive and an evaluative tool in the field of litigation management. This probing session will explore the cutting edge ways in which these new and transformative approaches will profoundly affect counsel, clients and the profession alike in the coming years both in terms of the way services are performed and the way in which they are measured/purchased.
Back to topSESSION 3 - Litigation Management - Crisis Management
- Speakers:
Joseph Pitstick, BMW Financial Services NA, LLC
Michael Sayne, Pilot Travel Centers LLC
James Wright, Butler, Vines & Babb
Your plane has landed at your connection, you check you messages. The FBI has arrived at your office and the company needs to know what to do. This roundtable will discuss how to handle crisis situations where a wrong move can potentially cost a lot of money or even have criminal repercussions.
Back to topSESSION 3 - Litigation Management - Panel Counsel Performance Measurement: Understanding and Communicating How Success Is Measured
- Speakers:
Mary Haefer, CapSpecialty
Craig Hartsuyker, Farmers Insurance Exchange
John Sparks, Fowler Hirtzel McNulty & Spaulding, LLP
Brad Spicer, Cincinnati Insurance Company
Vincent Venturella, Wolters Kluwer, ELM Solutions
Daniel Winkler, Westfield
Insurers are honing their panels – often times refining them to include key partners and proven practice area experts – in order to best manage their claims litigation activities, with an eye towards tightly controlling legal spend and strengthening relationships with key firms in critical practice areas and jurisdictions. This session covers key concepts and practices that can inform and mold advanced panel management and performance management initiatives. We will explore how measuring firm performance using a holistic mix of objective and subjective data is a key factor in successful panel management.
Back to topSESSION 3 - Litigation Management - Point/Counter Point: Claims and Counsel
- Speakers:
Susan M. Clemson, Western Litigation
Ryan Gillespie, Nationwide Insurance Company
Matt McColley, KW Specialty Insurance Company
Steven Weiner, Kaufman Borgeest & Ryan LLP
Have you made clear to your counsel what you want and /need from them? Do the claims professionals that counsel deal with always understand what counsel needs? Have both sides explained what counsel is expected to do (and not do)? This is more than simply sending out (and agreeing to adhere to) billing/claim handling guidelines. This speaks more to the elements of this relationship that are crucial to make the overall results achieved – qualitatively, quantitatively, strategically, and economically beneficial. This roundtable discussion will explore both sides of these issues, presented in a point/counter point format.
Back to topSESSION 3 - Premises Liability - Is the Reptile Real?
- Speakers:
Teresa Beck, Buchanan Ingersoll & Rooney
Mitch Jones, Sedgwick
Valerie T. Matherne, Courington, Kiefer, Sommers, Marullo & Matherne, L.L.C.
Alan Parker, Special Claims Services, Inc
This roundtable will discuss the basics of the plaintiff bar's reptile program, and assess verdicts reported by the reptile program as reptile verdicts. The group will discuss whether a reptile effect was present or not based on analysis of the facts, liability, and damages. Participants will be provided background facts of 2015 Reptile verdicts and asked to assess verdict ranges and comparative fault. Participants will assess whether verdicts were within ranges expected or whether a reptile enhancement of the verdicts in each case was present, and what can be done to offset such tactics by claim resolution professionals and defense counsel.
Back to topSESSION 3 - Product Liability - Wild Thing: Organic, Non-GMO, and Nutraceutical Products
- Speakers:
Jeanine Clark, Margolis Edelstein
Carolyn Finch, Markel Service, Incorporated
Julia Manganaro, Navigators, A Brand of The Hartford
Patrick Wylie, Davis Rothwell Earle & Xóchihua P.C.
Consumers are increasingly health-conscious about the consumption of food and nutritional products. This translates to immense growth within the nutritional supplement, nutraceutical, and specialty food markets. Manufacturers and distributors have responded to the nutritional and environmental/preferences of their consumers. We can expect a corresponding increase in claims/litigation. This session will address parallels and differences with traditional pharmaceutical litigation.
Back to topSESSION 3 - Professional Liability - Here Comes the CFPB - Will Professional Liability Be Changed Forever?
- Speakers:
Dennis Galvin, Argo Group US
Regan Katz, Wortham Insurance and Risk Management
Dax Watson, Lipson Neilson P.C.
The Consumer Financial Protection Bureau came into effect in 2010, with its enforcement division ramping up over the last year. The CFPB's regulatory arm will have a significant impact in the professional liability world, and for the first time since its inception in 1974 there will be significant RESPA oversight. RESPA extends to settlement service providers and prohibits certain financial kickbacks among these providers. To date, there has been more than $55 millions in fines ordered for RESPA violations (mostly in the last 12 months) and with a new office opening on the west coast, those fines could double and/or triple over the next year. Standard E&O policies do not cover fines and penaltie (leaving huge exposure for the insured) and have limited sub-limit coverage for the retention of an attorney to defend regulatory matters. The session will focus on risk reduction analysis for those professionals facing CFPB scrutiny and assess how the CFPB will affect future E&O policies and coverage as this regulatory body continues to expand its reach.
Back to topSESSION 3 - Professional Liability - The Strategic, Moral and Ethical Dilemmas of Defending Clear Misconduct Claims
- Speakers:
Peter Biging, Goldberg Segalla LLP
Sally Combs, Allianz Global Corporate & Specialty
Steven McMannon, CNA Insurance
Dean Milber, Lancer Claims
Kim Noble, Thompson Flanagan
As a claim resolution professional or defense attorney involved in professional liability claims, there may be times when you are confronted with claims involving clear misconduct, credible allegations of fraud, intentional misconduct, or otherwise malicious and utterly indefensible behavior. When confronted with these claims, you will immediately face potential coverage issues, regulatory concerns, and ethical concerns and considerations with regard to the tripartite relationship, as well as moral concerns with regard to defending and protecting the individuals/entities alleged to have been involved in same from exposure. Managing these various issues and concerns can be a delicate balancing act, requiring a careful consideration of the issues presented on multiple levels, and creative litigation strategies. This session will explore the moral, ethical, and strategic considerations to be balanced in successfully handling the seemingly indefensible professional liability claim.
Back to topSESSION 3 - Professional Liability/Diversity & Inclusion - Are You Ready for Ms. Cox? Transgender Individuals and the EPL Issues Facing Employers
- Speakers:
Claudia Costa, Gordon & Rees LLP
Martetta Thompson, Berkley Select
Jennifer Weinstein, Intact Insurance Specialty Solutions
Pamela Woodside, Thompson, Coe, Cousins & Irons LLP
Thanks to Laverne Cox, the first Emmy-nominated transgender actress in the TV show Orange is the New Black, issues affecting transgender individuals, including workplace discrimination, harassment and retaliation, have come to the forefront of employment litigation. This session will examine potential EPL issues likely to face employers of transgender individuals, including common pitfalls and their potential ramifications. The session will also address claims handling and coverage issues that may be involved in these types of cases.
Back to topSESSION 3 - Transportation - Avoiding High Stakes Penalties and Loss of Government Contracts
- Speakers:
Murielle Arn, Graebel Companies, Inc
James DeRosa, JDi Data
W. Brett Mason, Stone Pigman Walther Wittmann L.L.C.
Avoiding High Stakes Penalties and Loss of Government Contracts: An in depth discussion of the complex web of OFAC and BIS regulations, compliance, penalties and enforcement that can snare even the well informed. The Office of Foreign Assets Control (OFAC) of the US Department of the Treasury administers and enforces economic and trade sanctions based on US foreign policy and national security goals against targeted foreign countries and regimes, terrorists, international narcotics traffickers, those engaged in activities related to the proliferation of weapons of mass destruction, and other threats to the national security, foreign policy or economy of the United States. The U.S. Bureau of Industry and Security advances U.S. national security, foreign policy, and economic objectives by ensuring an effective export control and treaty compliance system. Penalties and settlements in 2015 already total $270,000,000. CLM participants will receive practical tips, best practices and solutions from three different perspectives on how to identify, avoid and/or reduce risk, maintain compliance, and mitigate potential penalties.
Back to topSESSION 3 - Workers' Compensation - Barbarians at the Gate
- Speakers:
J. Russell Goudelock, McAngus Goudelock & Courie, LLC (MGC)
Michael Mattix, Federated Rural Electric Insurance Exchange
Robert McNemar, Ameritrust
Many jurisdictions have enacted legislation to minimize recoveries to the claimant’s bar in workers' compensation claims. The plaintiff’s bar has sought to maintain its revenue stream by filing suits against the employer outside the workers' compensation system. Traditionally, the workers' compensation laws in the various states afforded virtually complete protection against such litigation through the exclusive remedy doctrine. The roundtable will trace the expansion of traditional exceptions to the exclusive remedy doctrine (third-party liability, dual capacity and intentional torts) to litigation centered on violations of the RICO Act, OSHA violations, bad faith claims handling, violations of various state constitutional or statutory provisions, workplace violence and retaliatory discharge.
Back to topSESSION 4 - Claims Management - Defining Success Between Law Firms and Insurance Carriers
- Speakers:
Dwayne Hermes, Hermes Law, P.C.
Dewayne Mundell, United Fire Group
Michael Zeoli, IAT Insurance Group
How can law firms and insurance carriers build and maintain better partnerships? Does use of technology and metrics translate to a more valuable partnership? To what extent should the services of law firms be considered a commodity? Participants in this roundtable discussion will have the opportunity to ask questions, share thoughts and ultimately walk away with valuable ideas to implement in their own businesses.
Back to topSESSION 4 - Claims Management - Law Firm Dissolutions, Receivers, Bankruptcy and Claims
- Speakers:
Melissa Demmon, Sompo International Insurance
Janice DiGennaro, Rivkin Radler LLP
Joseph Garin, Lipson Neilson P.C.
Thomas Sheffield, QBE
Beginning in 2008, several mega law firms imploded. Law firm failures result from a variety of factors but are most common during troubled economic times. When a law firm collapses, state bar associations, receivers and bankruptcy trustees are tasked with the obligations to wind down and dissolve in an orderly fashion. The dissolution process is messy and further complicated by claims and ethical issues. This roundtable will examine the causes of collapse and the issues confronting the Receiver or Trustee in winding up the affairs of the law firm.
Back to topSESSION 4 - Claims Management - Same-Sex Marriage, Open Carry and Weed
- Speakers:
Mark Bernstein, HUB International
Jeffrey Eberhard, Smith Freed & Eberhard
J. Thaddeus Eckenrode, Eckenrode-Maupin
Caryn Siebert, Gallagher Bassett Services, Inc.
This discussion will focus on how these new legal concepts (via Supreme Court decisions and new legislation) will affect the way in which tort/injury/death claims may be evaluated in the future and the types of unique new claims we can expect. Now that same-sex marriage is the law of the land, that will obviously open up a new group of litigants in wrongful death cases, as well as consortium claims. With open carry, we may see a variety of new tort claims. Now that marijuana has been legalized in some states, there may be an increase in tort claims related to impairment issues. We will examine how new legislation and new laws have the potential to change the landscape of tort claims generally, so that claim resolution professionals and defense counsel can plan ahead for possible new issues and potential liability exposures.
Back to topSESSION 4 - Construction - Peeling the Layers of the Consent Judgment Onion
- Speakers:
Henrietta Hinojosa, National Claim Services Inc.
Richard Righi, Righi Fitch Law Group
Mark Scheer, Scheer Law
Ralph Woodard, Navigators, A Brand of The Hartford
Lee Wright, Tokio Marine HCC
Consent judgments are on the rise in construction defect cases because the standard operating procedures for insurers upon receipt of a direct tender is to issue a boiler plate reservation of right letter. In days gone by, reservation of rights letters served to protect the insurer from uncovered claims and inform the insured about available coverage. The contrary is now true. In certain jurisdictions, providing a defense subject to a reservation of rights serves as a bad faith trigger and results in unanticipated and unintended exposure to the insurer. This session will provide a multijurisdictional overview of consent judgments.
Back to topSESSION 4 - Cyber Liability - Cyber-Attack Preparedness Toolbox
- Speakers:
Elizabeth Ganiere, McDermott
Steven Henning, Suite 200 Solutions
Chad Layton, Segal McCambridge Singer & Mahoney, Ltd.
Address the practical and cost-effective steps that a company (and its legal counsel) can take now that will not only minimize the threat or likelihood of a cyber event, but that will also ensure the company is better prepared to manage a cyber event. The discussion will focus on areas such as employee training, cost-effective strategies for handling technology-related matters, ensuring that business contracts provide appropriate protection, and other best practices and preparedness techniques. This session will also discuss the formation of an emergency response or breach team, including who should be part of that team and the steps that such a team must take in response to a cyber event.
Back to topSESSION 4 - E-Discovery & ESI - Reduce Cost and Risk During Discovery
- Speakers:
Larry Brown, Epiq
Clifton Dutton, Dutton, LLC
Nicholas Martin, Navigators, A Brand of The Hartford
Marc Milano, BB&T Bank
R. Gaylord Smith, Lewis Brisbois Bisgaard & Smith, LLP
With discovery being the most expensive and riskiest stage of any litigation, learning how to effectively manage the process can help control costs and reduce potential risk. The amount of data in question in today’s litigation can be overwhelming, and ensuring all data is properly collected and reviewed can be daunting. Don’t fear, we are here to discuss defensible processes for collecting and managing data, vendor and law firm selection, and procedures claim resolution professionals can implement with outside counsel for a consistent result.
Back to topSESSION 4 - Ethics - Dancing on the Head of a Pin
- Speakers:
Brian S. Braunstein, Enterprise Holdings, Inc.
Dennis Franchetti, NLC Insurance Companies
Marcia Nigro, Sedgwick
Lauren D. Wilkins, Langlois, Wilkins, Furtado & Metcalf, P.C.
Pauline Will, Bennett Schechter Arcuri & Will LLP
This session will explore the tripartite relationship between the insurer, insured, and counsel. We will use a case study to show how easy it is to forget whose interest is paramount. The session will address the ethical issues that arise when defending pursuant to the terms of an insurance policy. We will discuss the duty to the client, potential conflicts of interest, the role of the insurer, TPA and counsel from the inception of the claim through trial. This session will also review the contractual relationship between the parties,confidentiality and ethical considerations. Both personal and corporate interest will be discussed.
Back to topSESSION 4 - Extra-Contractual - Bad Faith Discovery and Related Litigation Strategy
- Speakers:
Jon Carnes, Chubb
Lisa Manzer, Houston International Insurance Group
Maureen R. O'Connor, Lucas and Cavalier, LLC
Due to challenges and issues facing our industry as it pertains to bad faith claims, this roundtable will share insights from various points of view into recent case law affecting the scope of discovery as it pertains to bad faith claims, highlighting court decisions broadening the scope of communications and information protected by attorney client privilege and the work product doctrine. Specifically, courts have been narrowing the scope of an adjuster's testimony during depositions and limiting the scope of claims manuals and training materials that may be discoverable. These recent decisions are extremely advantageous to those defending bad faith claims.
Back to topSESSION 4 - Insurance Coverage - Insurance Complications in the Modern World
- Speakers:
Richard Dugan, Cincinnati Insurance Company
Andrew Smith, Rolfes Henry Co., LPA
Vincent Trimarchi, Sompo International Insurance
Irene Yesowitch, Cozen O’Connor
New technology and business enterprises, including ride-sharing, Airbnb, legalized marijuana, Bitcoin, drones, self-driving cars, and cybersquatting are presenting new issues for the industry. This session will cover insurance coverage and litigation issues associated with these new businesses.
Back to topSESSION 4 - Insurance Coverage - Reservations about Reservations
- Speakers:
Michelle Lorenz, Houston International Insurance Group
Neil Selman, Selman Breitman
Jay Sever, Phelps Dunbar
Nelson Tavares, W.R. Berkley Corporation
In a majority of states, a reservation of rights can cost the carrier the right to appoint panel counsel and thereby control the defense, often leading to problems with case evaluation, quality of representation, reporting, and increased expenses. This interactive discussion will focus on the factors that should be considered before issuing a reservation, what strategic decisions the insured and insurer should consider if a reservation is issued, and throughout the entire process, defining the role of defense counsel and the ethical issues they must confront all along the way.
Back to topSESSION 4 - Insurance Coverage - Your Mergers and Acquisitions Have Consequences
- Speakers:
Alan Freisleben, Freisleben Law Group
Jeanette Hernandez, Ringler
Robert T. Johnson, Catalytic Claims Services
Robert Olson, Greines Martin Stein & Richland LLP
Alan Ronson, Markel Service, Incorporated
Eleftherios Stefas, Argo Pro
Recent decisions have expanded insurance coverage available for liability acquired in the course of mergers and acquisitions. Our roundtable will dicuss thoughts on managing this emerging risk given the wave of consolidations in the business world.
Back to topSESSION 4 - Insurance Fraud - Stemming the Rising Epidemic of Insurance Fraud
- Speakers:
Robert Abramson, Kopka Pinkus Dolin
Jorey Chernett, Authentic4D
John Franks, Infinity Insurance Company
Princess Spencer-Kuc, Renue Systems of Indiana
Insurance fraud is at an all-time high. There is no better example than Dr. Farid Fata, the Michigan oncologist convicted of misdiagnosing hundreds of patients to defraud insurance companies. Fortunately, he was caught. We will explore creative ways to expose fraud in the pre-suit stage to reduce litigation costs, and examine innovative 3D technology, which has the potential to undermine the over reading of MRIs.
Back to topSESSION 4 - Litigation Management - Claims Inroads in Managing Litigation Spend
- Speakers:
Thomas Best, Home Depot U.S.A., Inc.
Christopher Riggs, Crawford & Company
Daniel Santaniello, Luks, Santaniello, Petrillo & Cohen
Cathy Zwaan, USLI
In an age of data transparency, new analytic tools and e-billing data allow carriers and panel counsel to assess performance, efficiency, severity, and strategy across all lines of litigation. There are a gamut of metrics, and everyone is asking for them. We will identify the most useful metrics and analytical approaches to data, and processes put in place that led to reduction in litigation spend, yielding budget improvements, efficiency and compliance with client guidelines. The session will map out the critical metrics and how they may be used to realize claim inroads.
Back to topSESSION 4 - Litigation Management - Stop Writing Exhibits For Data-Breach Plaintiffs
- Speakers:
Daniel Hecht, Sompo International Insurance
Hillard Sterling, Clausen Miller
Doug Worth, Willis Towers Watson
Laura Zaroski, Arthur J. Gallagher & Co.
Data breaches are commonplace, as is the litigation that follows. It is critical to use the attorney-client privilege to protect information generated before and after breaches. That information – including spontaneous emails and texts – often memorializes problems before breaches and during the scramble fix them. As a result, this information is targeted in discovery by adversaries, who want to turn these often-unflattering documents into exhibits and leverage to exact large settlements. Our roundtable will discuss practical tips to help use the attorney-client privilege to protect this information from disclosure.
Back to topSESSION 4 - Municipal Law - Read All About It: Crisis Media Management
- Speakers:
Greg Gilliam, Schools of Ohio Risk Sharing Authority (SORSA)
Alonzo Johnson, City of North Las Vegas
Craig Pelini, Pelini, Campbell & Williams, LLC
Todd Zimmerman, Rohrbachers Cron Manahan Trimble & Zimmerman
In today's round-the-clock news environment, public entities and businesses face challenges when addressing the media following crisis or catastrophic events. The public wants to know, and the press will ask. How the responses are framed can be informative and reassuring; or they can be haphazard and inconsistent. The responses may also have direct impact on legal liability issues in litigation. This session will offer attendees actual case examples of crisis events that involved media interaction between the entities or businesses, and the responses—good or bad, as well as, offer perspectives of different experiences in these type cases, and the legal liability ramifications and solutions.
Back to topSESSION 4 - Product Liability - Product Liability: Issues in Today's Global Economy
- Speakers:
Tarush Anand, Brown Sims, P.C.
Samantha Bart, USI Insurance Services
Patricia Baxter, Morgan & Akins, PLLC
Lawrence Beemer, Tokio Marine HCC
In today's global economy, with manufacturers and distributors located across the globe, effectively defending and tendering a product liability claim has become increasingly more problematic. Gaining the attention and cooperation of foreign manufacturers and distributors is often vital to a substantive defense of the design, manufacturing and failure to warn claims, and yet jurisdictional and cultural differences often impede the same, further affecting an insured's pure exposure and the ability to settle a claim. In this session, we identify these key challenges and explore practical resolutions, from both the risk management and claims handler perspectives, in order to reduce and/or eliminate exposure.
Back to topSESSION 4 - Professional Liability - Quicksand! Eroding Limits Professional Liability Policies
- Speakers:
Eric Fitzgerald, Goldberg Segalla LLP
Erika Nelson, Allied World Assurance Company, Ltd.
Caryn Silverman, Sompo International Insurance
Harold Weston, Georgia State University
This course will examine the ethical pitfalls that claims professionals and defense attorneys can encounter when defending claims under eroding limits professional liability policies. We will discuss three scenarios with special consideration to the tensions arising between the insurer and the insured in these scenarios and whether certain practices can give rise to bad faith claims. Attendees will assume alternating roles as claims professionals, insureds and panel and personal counsel in several hypothetical exercises.
Back to topSESSION 4 - Reinsurance - What Is It That You Do?
- Speakers:
Chris Nardi, Arch Insurance Group Inc.
John O'Connor, Sompo International Insurance
Michael Zigelman, Kaufman Dolowich & Voluck LLP
This session is an introduction into reinsurance, the support provided to an insurance company (the ceding company) by the reinsurer and the complexities of the reinsurance coverage in the event of a large or complex loss, or an industry event. We will highlight why it is that reinsurance claims professionals are always the highlight of a party with interesting discussions that span our world of claims and insurance losses!
Back to topSESSION 4 - Religious Non-Profit - Answering to a Higher Power
- Speakers:
Jeffrey Benedict, Church Mutual Insurance Company
Scott Green, Goldberg Segalla LLP
Cassandra Jean-Baptiste, Starr Adjustment Services, Inc.
Christian Novay, Lewis Brisbois Bisgaard & Smith, LLP
Religious Institutions are unique in the eyes of the law and, correspondingly, require leadership and counsel that understand these distinctions. In the context of employment discrimination litigation, the ministerial exception applies to shield religious institutions from scrutiny in their employment-based decisions when the employee in question is expected to personify the institution's religious beliefs. Participants will review the current state of the law by examining decisions applying the ministerial exception since SCOTUS 2012 Hosanna-Tabor decision. The group will discuss whether the exception strikes a proper and workable balance between autonomy in employment based decision-making and employee protections and how the law affects internal decision making.
Back to topSESSION 4 - Transportation - There's Something about Owner-Operators
- Speakers:
Ronald Harrell, Catalina U.S. Insurance Services
Laurence J. Rabinovich, Barclay Damon, LLP
Tamara Warn, Superior Risk Management
The classification of owner operators as independent contractors of the motor carriers that dispatch them, is central to the business model of many trucking companies around the country. That model is now under siege. The Department of Labor recently issued a policy statement that declares most workers should be considered employees, and various think tanks and politically active entities have focused attention on the trucking industry as one in which misrepresentation is rife. Case law on the topic continues to be mixed and some companies have attempted to address the problem by moving from one state to another. We will look at the situation from various perspectives and in various contexts.
Back to topSESSION 4 - Workers' Compensation - Putting the Cow Back in the Barn
- Speakers:
William Austill, Austill, Lewis, Pipkin & Maddox, P.C.
Patricia Brookey, PMA Companies
Julie Fortune, Arrowpoint Capital
Mark Pew, Preferred Medical Network
Medical care in workers' compensation often includes treatment not considered in a health insurance/non-litigation setting, for example compounded drugs focused on topical creams for pain management. The session will cover the practical use of treatment guidelines and other tools to see that necessary treatment is provided, while avoiding excessive or clinically inappropriate services. We will examine the use of outcome predictors to prevent medical practitioners from performing unnecessary and counterproductive treatments and surgeries. The discussion will focus on the various options for effectively using these predictors in litigated claims, thereby sparing the injured worker from the potential harm caused by such treatments and avoiding the unnecessary and often substantial expense.
Back to topSESSION 4 - Workers' Compensation - The First 48 Hours: CSI
- Speakers:
Bijan Bijarchi, Sedgwick
Michelle Dadisman, BBA Aviation USA, Inc.
Niki Ingram, Marshall Dennehey Warner Coleman & Goggin
Mac Kendall, The Redwoods Group, Inc.
Kimberly Lorenz, Fisher, Rushmer, Werrenrath, Dickson, Talley & Dunlap, P.A.
Julie Sfurm, Elkay Manufacturing Company
Crucial to successful claim handling and eventual litigation is understanding the key facts in a case. Through this session, we will discuss the essential information to be gathered through an incident report from both the claims and litigation perspectives, as well as how this information affects the path of a claim. Specific attention will be given to special concerns for premises liability, transportation claims, retail/hospitality claims, and claims involving minors, as well as spoliation of evidence.
Back to topCommittee Meetings - Alternative Dispute Resolution Committee Meeting
Committee Meetings - Environmental and Toxic Tort Committee Meeting
Reception & Dinner - Throwback Thursday - 80s Party!
Break out your favorite parachute pants and members only jackets – reception, dinner and live entertainment! (included in the registration fee)
Back to topPREMIER PANEL 2 - The Future is Now: Top CCOs Discuss Claim Resolution Trends and Expectations
- Speakers:
Christopher Barnes, Zurich North America
Daniel Berman, Wood Smith Henning & Berman LLP
Andrew Pinkes, Self Employed
Hedy Linette Ranieri, Berkley Life Sciences
Ann Schnure, Consumer Health Connections, LLC
Join us for an engaging session with Chief Claims Officers as we dive into the present and future of claims management and resolution. These top industry leaders will offer their candid thoughts on the state of claims management, trends in claims resolution, strategies for improving claims handling to obtain optimal results while reducing legal spend, and the rising impact of data analytics, alternative fee agreements and other litigation tools. This panel will provide the blueprint for those involved in all aspects of claims resolution.
Back to topSESSION 5 - Alternative Fee Arrangements - At What Cost? Current Issues Shaping Alternative Fee Arrangements
- Speakers:
Christopher McDonald, Self Employed
Gregory McKenna, Gallagher Bassett Services, Inc.
Michael Owen, RiverStone Resources LLC
Jeffrey Schneider, Catholic Mutual Group
Alternative Fee Arrangements (AFAs) create certainty, but can also raise important ethical issues for carriers and law firms. This roundtable will focus on current trends in the legal industry, in addition to successful ideas that are shaping AFAs from the perspective of insurance carriers, in-house counsel and outside counsel.
Back to topSESSION 5 - Claims Management - No Comment? Strategies for Protecting Corporate Identity Before and After a Catastrophic Event
- Speakers:
Mitchell Dane-Henry, Sprouts Farmers Market
Richard E. King, Melchiode Marks King LLC
Sean McDonough, Wilson Elser Moskowitz Edelman & Dicker LLP
Samit Shah, BitSight Technologies
Stephen Truono, NFI Industries
Using the backdrop of three hypothetical catastrophic events, we will explore what a company can do to prepare and react to such an event to protect the company from financial and reputation losses. The roundtable will discuss how to deal with the media to get the right positive message to the public, methods to improve the chances of preventing the event from reoccurring, and maintaining trust. They will also discuss communications with employees about the crisis' effect on their jobs.
Back to topSESSION 5 - Claims Management - Trip, Fall and Fly Me To The Moon
- Speakers:
Howard Franco, Collins Collins Muir & Stewart
Diana Rich, Foundation Building Materials, LLC
Caryn Siebert, Gallagher Bassett Services, Inc.
Sharpen your claims resolution skills in this interactive session. Participants in will learn the facts of a slip and fall accident with a serious injury. Evidence needs to be preserved, statements taken, photographs and video. Claim resolution professionals must think on their feet and prepare for the inevitable claim to follow.
Back to topSESSION 5 - Cyber Liability - Waiting for the Other Shoe to Fall
This session will explore the types of claims that may be anticipated in the event of a cyber-breach incident that includes loss of client information that was entrusted to the professional. We will explore the impact on professionals of evolving cyber-breach litigation issues, such as whether each plaintiff must show individual, actual damages, the application of mass tort practice to data breach litigation and the extent to which plaintiffs can successfully pigeon hole their claims into existing privacy rights law or create privacy rights that were not previously recognized. The roundtable is intended to provoke creative discussion among participants engaged in cyber liability, professional liability or anyone with confidential data on their computer systems about the claims that may be anticipated in the event of a cyber-breach event.
Back to topSESSION 5 - Extra-Contractual - It's Our Turn!
- Speakers:
Jim Abbott, Provencher & Company
Dan Brunson, American Access Casualty Company
Ronna Ruppelt, Good2Go Auto Insurance
Bharat Varadachari, HeplerBroom LLC
This roundtable will focus on recent trends by carriers to hold their insureds accountable and present the defense of a claim as a team. Concepts discussed will include whether the law and/or the insurance policy itself require that the insured owes the carrier a duty to act in good faith, and If the insured fails to do so, resulting in the interference with the handling of the claim, then the carrier is legally entitled to damages. The session will examine how different jurisdictions have addressed this potential cause of action and whether the trends suggest that it will pick up momentum going forward.
Back to topSESSION 5 - Insurance Coverage - FAQs about AOBs and H20
- Speakers:
Vincent Beilman, Wood Smith Henning & Berman LLP
Hilary Borow, Winstead PC
Anne Kevlin, Clausen Miller
Andrew Mitchell, W/R/B Underwriting
This roundtable will offer perspectives on the exponential growth of assignment of benefit property claims, which arise most often in the context of wind, hail, and water damage. The group will draw on their diverse backgrounds to offer strategies for managing these challenging claims from initial intake through efficient resolution. In an interactive format, the group will discuss common assignment of benefit scenarios in various states, the prevention of fraud, effective enterprise-wide approaches, and emerging law as it relates to the rights of insured and assignees.
Back to topSESSION 5 - Insurance Fraud - Faces of Fraud and Theft: Effects on Transportation and Insurance
- Speakers:
Cynthia Garbrecht, Roanoke Insurance Group Inc.
Robert Reeb, Marwedel, Minichello & Reeb, P.C.
Karen Rzeszutko, Roanoke Insurance Group Inc.
While fraud and theft have been around forever, the fast pace of technology has added new challenges. The good guys have historically played catch up and with the rapidly changing times in this social and technological era, the industry needs to keep abreast of the different faces of fraud and theft. In order to take appropriate measures to solve and guard against becoming victims, we need to collectively have the ability to first recognize and understand the problems. This session will address and discuss from the legal, insurance, investigative, and law enforcement aspects the current trends, their negative effects if ignored, and the preparation / education needed to effectively combat them.
Back to topSESSION 5 - Leadership - Cops, Cowgirls, Surfers, and Astronauts: The Powerful Legacy of Female Leadership
- Speakers:
Elizabeth Fitch, Righi Fitch Law Group
Pauline Hecker, United Pacific
Mary Ann Vorndran, AXIS Insurance
Cultural legacies are powerful forces. They persist generation after generation and play a key role in directing attitudes and behavior. Success comes to those who have the strength and presence of mind to seize opportunities. What do a cop, cowgirl, surfer, and astronaut have in common? They have taken stock of their family legacies and life experiences and dedicated themselves to developing character traits that have empowered and sustained them throughout their careers. This session will focus on leadership lessons that are timeless and universal. Women leaders in the risk management industry face the same hurdles that cops, cowgirls, surfers, and astronauts face. The same character traits that have served these women well will also serve women leaders today to navigate corporate culture and fulfill their career potential.
Back to topSESSION 5 - Litigation Management - How Do You Define a Win?
- Speakers:
Cynthia Heaney, AXIS Insurance
Crystal Ivy, AmTrust Group
Irwin R. Kramer, Kramer & Connolly
David Pisanic, David A. Pisanic and Associates
Defense counsel may define winning a case in terms of dismissals, defense verdicts, or settlements at the close of discovery. But claims managers concerned with the expense and length of litigation may have different objectives. As important as it may be to define our objectives, we often overlook this topic when cases are assigned. In this session, we will discuss differing definitions of winning from the perspectives of carriers, their policyholders and their counsel.
Back to topSESSION 5 - Litigation Management - Robots, Artificial Intelligence, Neural Networks, Stars: Managing Risk in 2025
- Speakers:
Steven Henning, Suite 200 Solutions
Nicky Mukerji, Self Employed
John Petrycki, Turner, O'Mara, Donnelly & Petrycki, PC
Get ready to be amazed by the future of risk management! This session brings to us some of the most compelling and sophisticated technologies of today which will most likely be essential tools for the Risk Manager of 2025. Through role-play, this session will lay out business problems for the future risk manager and show how technology will assist with solutions.
Back to topSESSION 5 - Litigation Management - Staff, Panel or Alternative Fee Arrangements
- Speakers:
Michael Baumel, AXIS Insurance
Jarret Lewis, The Hartford
Rondiene Novitz, Cruser, Mitchell, Novitz, Sanchez, Gaston & Zimet LLP
There are many tools to consider when implementing a litigation management plan for your company especially if the focus is effective cost containment. One of the most significant issues is controlling legal and indemnity cost. This roundtable will discuss the pros and cons of each tool and the decision making process that should be reviewed before reaching a conclusion.
Back to topSESSION 5 - Litigation Management - The Business Perspective: Advancing Litigation Management
- Speakers:
Scott Bell, Liberty Mutual
Seth Firmender, The Lane Construction Corporation
Donald Liskov, Liberty Mutual
Deborah Saunders, Comcast NBCUniversal
The key to any effective partnership between an insurer or TPA and the insured/customer is to establish and maintain a collaborative approach in identifying and implementing strategies that best advance the customer’s litigation needs pre and post suit. In doing so, the parties should discuss emerging practices and trends that may enhance the quantitative and qualitative oversight of firms and the customer’s litigation program. The focus of this session will be an interactive look at best practices and approaches from the Risk Manager and Insurer/ TPA perspectives.
SESSION 5 - Premises Liability - Negligent Security
- Speakers:
Jonathan Gerdes, SmartCasualtyClaims
Jerry Hamilton, Hamilton, Miller & Birthisel LLP
Claire Rush, Barry, McTiernan & Moore
Louis (Ray) Wood, Rimkus Consulting Group, Inc.
Courts are increasingly holding that store owners can be held liable for criminal acts of third persons on their property where the store owner had notice of prior criminal incidents occurring on their property. These claims can arise out of a multitude of relationships including: landlord – tenant, common carrier – passenger, rental car company – lessee, etc. What courts consider to be notice varies drastically between districts. This roundtable will focus on what constitutes foreseeability of third-party criminal acts and how to address a premise owner’s obligation to provide security.
Back to topSESSION 5 - Product Liability - New Critical Coverage Issues in Product Liability Claims
- Speakers:
Margaret Erife, ESIS
Krista Fowler Acuna, Hamilton, Miller & Birthisel LLP
Angela Springer, Swiss Re
Discussion will focus on new critical areas of product liability claims, especially developments in coverage issues. Topics will include a survey of the new ISO forms applicable to product liability claims, coverage issues for high-profile products (e.g., drones/UAS, 3-D printers, and autonomous vehicles) under new and existing standard forms, frequently litigated “number of occurrences” issue, and the challenges insurers face in recovering from third parties.
Back to topSESSION 5 - Technology - Autonomous Vehicles and Their Impact on the Insurance Industry
- Speakers:
Robert Biagi, The Hartford
Daniel Duello, Cole, Scott & Kissane, P.A.
Colleen Perkins, Self Employed
James Schumaker, Westfield
California has already licensed automated cars that have been involved in at least 11 accidents. Nevada has issued a license for an automated tractor trailer that promises to revolutionize the trucking industry. Warren Buffet has investigated whether automated vehicles would lead him to sell Berkshire Hathaway’s stake in Geico. The prospect of automated vehicles will have a massive impact on the insurance industry. This session will call upon the expertise of individuals in the automobile, insurance, and legal professions to explore the potential impact of automated vehicles on the insurance industry.
Back to topSESSION 5 - Workers' Compensation - Workers' Compensation Alternatives: Opting Out, Non-Subscriber and Other Options
- Speakers:
Chris Mandel, Self Employed
William Pipkin, Austill, Lewis, Pipkin & Maddox, P.C.
Marc Salm, Publix Super Markets, Inc.
This session will address alternatives to traditional workers' compensation and the exclusivity doctrine. A number of cases across the country have questioned these alternatives. The roundtable will address whether these options provide the competition needed to improve benefits to injured workers while balancing costs to employers. This session will explore how appropriate alternatives to workers' compensation can foster innovation and competition benefiting both injured workers and employers.
Back to topSocial Events - Disney’s Keys to the Kingdom
Disney's Keys to the Kingdom Tour highlights the fascinating history of Walt Disney World Resort and provides backstage access to secret areas of Magic Kingdom Theme Park. This approximately 3-hour walking tour explores the stories behind the remarkable creation and growth of Magic Kingdom Theme Park. Hear the intriguing story of Walt Disney and learn how his innovative ideas, revolutionary visions, creative philosophies and amazing accomplishments brought the Theme Park to life. The journey includes stops at backstage facilities and a variety of favorite attractions.
One unforgettable highlight is a trip below Magic Kingdom Theme Park into the service tunnels known as the Utilidors. This is one urban legend that is absolutely, and almost unbelievably, true—the Guest accessible areas of Magic Kingdom Theme Park are actually on the second floor of a massive structure. The first floor—called the Utilidors—allows Cast Members, deliveries and even trash to be unknowingly transported below Guests' feet as they wait in line for their favorite attraction.
Lunch is not included.
No one under 16 permitted.
Social Events - Kennedy Space Center
Worlds apart from Orlando’s theme parks, but just a short drive away, Kennedy Space Center is NASA’s launch headquarters. Each year, millions of visitors make the trek to this hub of technology and discovery where many of mankind’s greatest accomplishments take place. Tour NASA’s launch and landing facilities, experience live shows and jaw-dropping encounters with massive rockets as well as have the opportunity to meet a real member of NASA’s Astronaut Corps. It’s all what you can expect during an inspiring day at Kennedy Space Center.
There is much to see and do at the Visitor Complex, from live action theatrical shows to an educational Astronaut Encounter briefing. View 10-story high rockets from all eras of space exploration in the Rocket Garden, walk through a full-size Space Shuttle mock-up, enjoy IMAX Theater space films on gigantic five-story screens and see an actual Gemini program capsule on display. Shopping and food concessions are also available here for your enjoyment.
Lunch is not included.
Back to topSocial Events - Backstage Safari at Disney’s Animal Kingdom
Take a journey to find out what happens behind-the-scenes at Walt Disney World’s Animal Kingdom! During this in-depth program, your guests get an insider’s look at conservation, animal nutrition and medicine, animal care, and behavioral studies. Highlights include visits to a backstage animal housing area, the Animal Nutrition Center, the Veterinary Hospital, and a special ride on Kilimanjaro Safaris. The majority of this program takes place behind-the-scenes- there may be no opportunity to view animals. Please note: no photos will be allowed in behind-the-scenes area.
Kilimanjaro Safari: Climb aboard the open-air safari vehicle for an incredible journey through more than 100 acres of African savannah, forest, rivers and rocky hills where hundreds of animals roam free. Unlike any experience this side of the equator, the Kilimanjaro Safari introduces your guests to the splendor and magnificence of creatures both large and small.
Lunch is not included.
No one under 16 permitted.
Social Events - Kayaking – A Guided Voyage of Discovery on the Indian River
This tour actually begins en-route to the launch site, as “certified” Eco-Guide narrate the significance of this endangered backwater estuary, a wilderness waterway used by the indigenous Timucuan Indians during their winter hunting. The river is considered a sanctuary for the endangered West Indian Manatees, Bottled-Nose Dolphins, Florida Alligators, American Bald Eagles, Roseate Spoonbills, & Wood Storks; the list of birds & wildlife is huge. Guests take an easy paddle along the shore line of this protected, calm, inland water way from Manatee Cove to the estuary’s wild, uninhabited barrier island. Here we stop for an easy guided nature walk, paddling rest, and stretch before heading back. This is a wonderful adventure & educational experience for all to enjoy.
Lunch is not included.
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